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HomeMy WebLinkAbout03-22-10 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the 7:00 p.m. posted start time. Page 1 of 4 Mission Statement TOWN OF WESTLAKE, TEXAS On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our rich culture and urban location. Westlake, Texas – A Premier Knowledge Based Community TOWN COUNCIL MEETING AGENDA March 22, 2010 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session 4:30 p.m. Regular Session 7:00 p.m. Workshop Session 1. CALL TO ORDER 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM MARCH 22, 2010, COUNCIL REGULAR MEETING AGENDA. 3. EXECUTIVE SESSION Page 2 of 4 The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 4. RECONVENE MEETING 5. PRESENTATION OF UPDATES AND DISCUSSION OF THE STATUS OF THE TOWN STRATEGIC PLAN. 6. ADJOURNMENT Regular Session 1. 2. CALL TO ORDER PLEDGE OF ALLEGIANCE 3. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Presentation from Robert Early President and CEO of JPS Health Systems. Presentation of Government Finance Officers Association’s “Certificate of Achievement for Excellence in Financial Reporting”. Proclamation supporting March for Meals Awareness Month in Tarrant County. Proclamation supporting American Red Cross Month. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the Town Council meeting held on February 22, 2010. Page 3 of 4 b. Consider approval of Resolution 10-06, authorizing the Town Manager to enter into a contract with Graham Associates for engineering design services related to the construction of Stagecoach Hills waterline improvements. c. Consider approval of Ordinance 634, Reappointing the Presiding Judge and Alternate Judge for the Westlake Municipal Court. d. Consider approval of Resolution 10-08, approving changes and additions to the Town of Westlake Personnel Manual. 5. CONSIDERATION OF RESOLUTION 10-07, ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) PRESENTED BY PATTILLO, BROWN & HILL, L.L.P., CERTIFIED PUBLIC ACCOUNTANTS, FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009. 6. CONSIDERATION OF ORDINANCE 635 AMENDING THE CODE OF ORDINANCE CHAPTER 30, COURTS, SEC. 30-37, DRIVING SAFETY FEES. 7. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None 8. COUNCIL CALENDAR - TML Region 8 Meeting March 25, 2010 Town of Trophy Club - 6:00 pm - Town Council Meeting April 19, 2010 - Bandana Bonanza May 1, 2010 - Election Day May 8, 2010 - New Council orientation May 12, 2010- - After election strategic planning retreat to preview the municipal budget (early input), Town financial forecast, and discuss progress and updates to the strategic plan May 24, 2010 Page 4 of 4 - Presentation of FY 10-11 proposed municipal budget in retreat (note: this is a Friday and would be from 9:00am-1:00pm) Aug. 13, 2010 - Westlake Academy Graduation May 23, 2010 - Decoration Day May 31, 2010 - Council adoption of FY 10-11 municipal budget Sept. 27, 2010 9. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 10. RECONVENE MEETING 11. TAKE ANY NECESSARY ACTION FROM EXECUTIVE SESSION, IF NECESSARY 12. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, March 18 2010, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. CERTIFICATION _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the Town Council meeting held on February 22, 2010. b. Consider approval of Resolution 10-06, authorizing the Town Manager to enter into a contract with Graham Associates for engineering design services related to the construction of Stagecoach Hills waterline improvements. c. Consider approval of Ordinance 634, Reappointing the Presiding Judge and Alternate Judge for the Westlake Municipal Court. d. Consider approval of Resolution 10-08, approving changes and additions to the Town of Westlake Personnel Manual. Town of Westlake Item # 2 – Review of Consent Agenda Items EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item # 3 – Executive Session Town of Westlake Item # 4 – Reconvene Meeting 1 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Workshop Meeting of March 22, 2010 Date: March 17, 2010 Presentation of Updates and Discussion of the Status of the Town Strategic Plan. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Sensitivity to neighborhood integrity o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation  We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy o Environmental stewardship initiatives o High quality services delivery coupled with financial stewardship o Infrastructure maintenance and planning  Hospitality Finds its Home in Westlake o Citizen engagement and communication o Historic Preservation o Tourism development This workshop discussion is a continuation of the Council’s January 25 BACKGROUND th and February 22nd workshops where update and discussion of the Town’s strategic plan was undertaken. In June 2008, the Town Council and staff began work on formulating a community vision, value statements, as well as a mission statement on which to build a strategic plan for Westlake. The purpose of this workshop agenda item is to provide the Council an update and an opportunity to discuss the status of the various outcome strategies to this strategic plan. Below is a recap of Town Council meetings to date directed towards formulating the vision, values, and mission as well as developing and adopting this strategic plan: • June 27-28, 2008. Two day off-site Council/Leadership Team strategic planning retreat focused on developing the Town’s vision, values, and mission statements. 2 • July 14, 2008. Council workshop held to follow-up from the strategic planning retreat. Council gave their consensus to use a format of dividing the vision statement into 3 vision points and create “key result areas” for each of those vision points. • February 23, 2009. Council workshop held where a draft municipal strategic plan was presented. Council consensus was to wait on the results of the DirectionFinders citizens’ survey results before moving forward with the strategic plan. • June 22, 2009. At this Council mini-retreat, the DirectionFinders results were presented as well as the draft strategic plan containing Council revisions from the February 23, 2009 workshop. Council made further revisions to the draft strategic plan at this mini-retreat. • July 13, 2009. Strategic Plan adopted by the Town Council at this regular meeting. FUNDING : N/A at this time. RECOMMENDATION Staff recommends that the Town Council hear and discuss updates provided by staff on the various outcome strategies contained in this Strategic Plan. : ATTACHMENTS • Adopted Town of Westlake Strategic Plan. : Westlake is a one-of-a-kind community — an oasis with rolling hills, grazing longhorns, and soaring red-tailed hawks, located in the heart of the Fort Worth-Dallas metropolitan area. Inviting neighborhoods and architecturally vibrant corporate campuses find harmony among our meandering roads and trails, lined with native oaks and stone walls. We are leaders. In education, we are known for our innovative partnerships between the Town-owned Charter school and its corporate neighbors. We are environmental stewards — exemplifying the highest standards. Hospitality finds its home in Westlake. As a community, we are fully involved and invested in our rich heritage, vibrant present and exciting, sustainable future. Vision Statement Mission Statement “On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our rich culture and urban location.” 3 Village Circle, Suite 202, Westlake, Texas 76262 www.westlake-tx.org (817) 430-0941 Strategic Plan 2009 Town of Westlake “Westlake, a premier knowledge based community” Vaquero Estates Community Values    Innovation A strong knowledge/education base Being friendly and welcoming Family focus Engaged citizens A unique rural setting emphasizing preservation of our natural beauty Aesthetic appeal and high development standards Table of Contents History and Demographics 2 Key Result Area Summary and Timelines 3 Community Strengths and Challenges 4 Vision Point One 5 Vision Point Two 6 Vision Point Three 7 Outcome Strategies and Objectives 8 Approximately 700 residents currently occupy the Town of Westlake’s 6.6 square miles, which is situated in the northern triangle of the Fort Worth—Dallas area. Originally settled in 1847, Westlake was incorporated in 1956. Today, the Town of Westlake is home to several neighborhoods, all of which share a commitment to excellence, but possess unique character and charm. All residents live in single-family homes and there is an award winning private golf course in Town. The median age in Westlake is 47, and 51% of the residents are female. Some of the community’s top employers are: Fidelity Investments, Chrysler Financial, and First American Real Estate Information Services, Inc. Several companies have offices in Solana, a high-profile corporate campus near State Highway 114. Solana’s Village Circle also provides a mix of retail spaces and restaurants, plus offers the 296-room Marriott Solana hotel. The sales tax rate in Westlake is 8.25%. Of the money collected, 6.25% is paid to the state of Texas, 1% to the Town, and the remaining 1% to a local property tax relief fund and an economic development fund. Fidelity Investments North Texas Campus Solana Corporate Campus Chrysler Financial—Westlake Campus First American Campus Deloitte University Campus (in-design) Marriott / Solana Hotel History and Demographics Major & Planned Developments Solana Office Complex Top Employers Fidelity Investments Chrysler Financial First American Real Estate Information Services, Inc. Wells Fargo Bank McKesson Corporation “Westlake, a premier knowledge based community” Page 2 Town of Westlake During the strategic planning process, the Town Council and staff Leadership Team developed an overview of the major work related objectives and mission for the Town of Westlake. The vision and mission statements were drafted to reflect the unique characteristics found within our community and the values which are important to our residents. The information is contained within three vision points which describe the areas that the Council has determined are vital to maintaining our Town and providing services to enhance the quality of life of our residents. Vision Point One—Inviting Residential and Corporate Neighborhoods Vision Point Two—We are Leaders Vision Point Three—Hospitality Finds Its Home in Westlake Strategic Plan’s Organization and Timelines The vision points are then divided into key Result Areas (KRA’s) and outcome measures which serve to focus the efforts of the staff on achieving the desired results of the Council. These range from issues such as maintaining neighborhood integrity through infrastructure maintenance and development standards to promoting historic preservation and citizen involvement. Within each outcome measure, the staff has identified key objectives and a timeline in which to complete tasks and reach our goals. The timelines are either assigned short, mid, or long-range goals, while some are considered to be on-going and necessary on a reoccurring basis. Short-Range Goals = 1—2 years Mid-Range Goals = 3—5 years Long-Range Goals = 5 or more years On-going Goals The outcome measures are also assigned a Team Leader or Co-Leader who is responsible for working with a staff team to complete or work toward achieving the tasks in each Key Result Area. Page 3 Town of Westlake “Vision without action is a dream. Action without vision is simply passing the time. Action with vision is making a positive difference.” - Joel Barker The Westlake Mayor and Town Council are united in their view that the community enjoys many strengths. Westlake has no current ad valorem tax, however, this requires the Town to assess and evaluate alternative sources of revenue to maintain financial stability. The history of responsible planning and zoning, along with a growing corporate campus base is viewed as a benefit to the community. The Mayor, Council and staff continue to anticipate, identify and prepare for external conditions or activities, which would detract from the success and unique development of the Town. Special attention is given to practicing fiscal conservatism while delivering the highest quality of services to our residents. Future questions on such issues as the consideration of oil and gas drilling standards within the Town, creating a retail base, revenue opportunities, efficient service delivery, public safety concerns and the development of Westlake Academy will be important to Westlake elected officials, residents, the business community and staff. Community Strengths and Challenges Future Milestones and Events  Groundbreaking of Deloitte University  Completion of the Sam and Margaret Lee Arts and Sciences Center Page 4 Town of Westlake Strengths Fully integrated community duct bank Access to top quality of life amenities Development of quality corporate campuses and partnerships Promotion of the Town as an event and conference location Opportunities and Challenges Further development of a diversified revenue sources for the Town Enlarged Westlake Academy campus with track, soccer, and baseball fields Expanded park system Attraction of retail development Development of extensive interconnected trail system with surrounding municipalities Potential SH 114 connectivity to SH I-35 Expansion of eco-friendly / green initiatives within the Town Further urban sprawl from surrounding communities Review of maintenance needs of infrastructure and funding for major repairs Need to identify location of secondary water source and develop existing water supplies The Town is home to several communities; residential, corporate and agricultural uses. Our largest residential development is home to a state of the art golf facility and many beautiful homes. Stagecoach Hills is located along the historic stagecoach line which transported passengers from Keller to Denton. Westlake neighborhoods include: Aspen Lane ● Glenwyck Farms ● Mahotea Boone ● Paigebrooke Farms Stagecoach Hills ● Terra Bella ● Vaquero ● Wyck Hill The Town is located along the Tarrant and Denton County borders and has portions of major State highways that surround our perimeter. We are an ideal location for businesses and have enjoyed a long history with our corporate campus developments. Highest Quality Development and Aesthetic Standards Short-Range Goals Deloitte Groundbreaking  Update Codes/Amendments  Fidelity Phase II Completion  Finalize Oil and Gas Related Ordinances Mid-Range Goals Attraction of Retail Development Open Space Preservation Short-Range Goals Open Space Land Acquisition Park Space Expansion VISION POINT ONE—INVITING RESIDENTIAL AND CORPORATE NEIGHBORHOODS Entrance to Glenwyck Farms Fidelity Investments Construction Project Sensitivity to Neighborhood Integrity Short-Range Goals Landscaped Entrances Mid-Range Goals Connected Trail System Long-Range Goals Town-wide Completed Trail System Outstanding Community Appearance Short-Range Goals Streetscape Projects Key Result Areas Supporting the Vision Point On-going comprehensive planning Short-Range Goals Update Master Plans: Comprehensive Use, Open Space /Trails, Land Use Mid-Range Goals Precinct Line Rd. Construction Develop Master Plan as Community Focal Point Page 5 2009 Strategic Plan Summary Town leaders foresaw the need for a facility to educate the children of Westlake in a local setting and to provide the citizens with a civic campus. In 2003, the Town raised funds to build Westlake Academy, the only open-enrollment charter school owned and operated by a municipality in the State. The Academy offers the rigorous International Baccalaureate curriculum and all residents are eligible to enroll their children. The elected Town Council also serves as the Board of Trustees for the Academy. The unique arrangement serves to strengthen the working relationship between the Academy and the Town. Westlake is also one of a handful of towns in Texas that does not levy a property tax. Instead, revenue from sales taxes, user fees, and franchise fees fund Town services. High Quality Services Delivery Coupled with Financial Stewardship Short-Range Goals Review of growth related policies: ”Growth pays for Growth” Public Safety Service Delivery and Funding Review Environmental Stewardship Initiatives Short-Range Goals Create Westlake Green Team Automated Recycling Program Plan for Environmental Improvements and Water Conservation Strategies Infrastructure Maintenance and Planning Short-Range Goals Town Facility Master Plan Develop Capital Improvement Plans Drainage Utility and Storm Water Planning Long-Range Goals Regional Rail System VISION POINT TWO—WE ARE LEADERS Entrance to Westlake Academy Producing Well Educated Future Leaders and Thinkers Short-Range Goals Academy Students in Internships at Corporate Campuses Academy and Deloitte University Mentoring Programs Key Result Areas Supporting the Vision Point Premier Educational Facilities and Programs Short-Range Goals Opening of Arts and Sciences Center Westlake Academy Page 6 Town of Westlake Strategic Plan Summary In an effort to foster citizen engagement, enhance our neighborhoods and increase partici- pation in the community, many of the residents serve on various advisory boards that are committed to furthering the mission of the Town and ensuring Westlake is truly a unique community. The Westlake Historical Preservation Society was created to identify, preserve, and perpetuate the history of the Town of Westlake and the Cross Timbers region. The Town is committed to protecting and improving the quality of life of Westlake residents, businesses and students by encouraging, inspiring, educating and entertaining artistic and creative endeavors. The Public Art Society of Westlake provides a wide range of professional and artistic presentations to foster the arts in the community. Westlake is also a member of Tree City USA . The Town must meet strict standards to ensure there are viable tree management plans and programs in place to help support growth and forestry. Arts and Culture Short-Range Goals Implement Westlake Speaker Series to Feature Community Leaders VISION POINT THREE—HOSPITALITY FINDS ITS HOME IN WESTLAKE WA Campus Fountain Historic Preservation Short-Range Goals Integrate Mission of the Historical Preservation Society into Community Events Tourism Development Short-Range Goals Host Regional Events Development to Include Additional Hotels and Restaurants Key Result Areas Supporting the Vision Point Citizen Engagement and Communication Short-Range Goals Improve Web Site User Friendliness Develop Communication Plan Review E-government Usage for Service Delivery Conduct Regular Neighborhood Meetings Page 7 2009 Strategic Plan Summary Outcome Strategies: 1. Update master plans to guide development and provide a framework for future projects; promote the Master Plan as a community focal point — Short & Mid-Range Goals. Team Co-Leaders: Tom Brymer / Eddie Edwards Objective 1.1: Develop RFP for master plan review. Estimated Completion Date: Spring, 2010 Objective 1.2: Work with consultant to draft the master plans — form community/staff task force. Estimated Completion Date: Winter, 2010 Key Result Areas and Outcome Strategies Glenwyck Park Vaquero 2. Precinct Line Road construction — Mid-Range Goal. Team Leader: Jarrod Greenwood Objective 2.1: Facilitate stakeholder meetings to communicate project status and engage community members. Estimated Completion Date: Fall, 2009 Objective 2.2: Finalize construction plans with TxDOT; TxDOT bid placement. Estimated Completion Date: Summer, 2010 Objective 2.3: TxDOT commences construction. Estimated Completion Date: Winter 2010 Page 8 2009 ON-GOING COMPREHENSIVE PLANNING — Ensure the master plans are continually updated and reviewed to enhance the development of the Town. Outcome Measure: All master plan documents are not more than 5 years old. Vision Point One—Inviting Residential and Corporate Neighborhoods “We are limited, not by our abilities, but by our own vision.” - Anonymous SENSITIVITY TO NEIGHBORHOOD INTEGRITY — Maintain the high standards of neighborhood planning and residential construction to foster the Town’s unique character and rural atmosphere. Outcome Measure: Utilize the 2009 Direction Finder survey to establish a benchmark measure for neighborhood integrity. Outcome Strategies: 1. Promote and develop landscaped entrances to neighborhoods — Mid-Range Goal. Team Leader: Troy Meyer Objective 1.1: Review and update ordinances and Unified Development Code for all landscaping requirements which would include, but not limited to: irrigation systems, plans, trees, xeriscape concepts, water features, lighting, gates, and signs. Estimated Completion Date: Spring, 2010 Entrance to Stagecoach Hills Objective 1.2: Develop and implement a process to educate developers, homeowners associations, and staff on new requirements. Estimated Completion Date: Summer, 2011 2. Review and update the current trail system plan and develop interconnectivity options with surrounding municipalities — Mid and Long-Range Goals. Team Leader: Troy Meyer Objective 2.1: Partner with Keller, Trophy Club, Southlake and Roanoke on best location for connecting local and regional trail systems. Estimated Completion Date: Winter, 2010 Objective 2.2: Develop standards for park benches, water features, picnic tables, signs, and pet stations. Estimated Completion Date: Winter, 2010 Objective 2.3: Identify changes to the open space plan created March of 1999 and present to the Town Council for approval. Estimated Completion Date: Spring, 2011 Arbor Days Hot Air Balloon Page 9 Town of Westlake OUTSTANDING COMMUNITY APPEARANCE — Enhance the appearance of the Town with public art displays and high-quality, environmentally responsible landscaping projects. Outcome Measure: Utilize the 2009 Direction Finder survey to establish a benchmark measure for community appearance. Sensitivity to Neighborhood Integrity (cont.) Outcome Strategies: 1. Streetscape projects to enhance community appearance — Short-Range Goal. Team Leader: Jarrod Greenwood Objective 1.1: Work with consultants, TxDOT, and community stakeholders to develop streetscape concept that will incorporate existing themes and characteristics within Westlake. Estimated Completion Date: Fall, 2009 Objective 1.2: Work with Public Art Committee to enhance the FM 1938 corridor by developing a streetscape plan that includes areas dedicated for public art. Estimated Completion Date: Fall, 2010 Outcome Strategies: 1. Support our newest corporate partners, Deloitte and Fidelity, with Deloitte University and the completion of Fidelity Phase II — On-going Goal. Team Leader: Ginger Awtry Objective 1.1: Facilitate communication between the stakeholders — PR/marketing team, Town Council, staff, citizens and businesses — to aid and promote the groundbreaking and opening activities. Estimated Completion Date: On-going Objective 1.2: Coordinate and assist with press releases, special required permitting, community traffic flow, security needs, local dignitary contacts, and any other municipal areas in which assistance is warranted. Estimated Completion Date: On-going 2. Revise and update all codes and related amendments — Short-Range Goal. Team Leader: Eddie Edwards Objective 2.1: Revise plan review checklists to reflect the new codes, policies, and procedures; Update Estimated Completion Date: Summer, 2009 Objective 2.2: Update Town of Westlake internet site to reflect the new code adoptions. Estimated Completion Date: Summer, 2009 Objective 2.3: Update contractor handouts reflecting new codes, revised policies, and procedures. Estimated Completion Date: Spring, 2010 3. Finalize oil and gas drilling related ordinances — Short-Range Goal. Team Leader: Eddie Edwards Objective 3.1: Develop applications, forms, policies, and procedures related to issuing permits and administering the adopted codes. Estimated Completion Date: Summer, 2009 Objective 3.2: Amend technical standards provision in Code of Ordinances. Estimated Completion Date: Summer, 2009 Objective 3.3: Amend zoning ordinance to allow drilling and production in additional zoning districts. Estimated Completion Date: Summer, 2009 J. T. Ottinger Road Terra Bella Entry Page 10 2009 HIGHEST QUALITY DEVELOPMENT AND AESTHETIC STANDARDS — Ensure standards are met which maintain the superior appearance and construction of developments. Outcome Measure: At least one local, regional, or national award/recognition on an annual basis for new Westlake residential or commercial development. 4. Work to attract nationwide, well known anchor and retail businesses — Mid-Range and On-going Goals. Team Co-Leaders: Tom Brymer / Eddie Edwards Objective 4.1: Explore viable economic development tools to attract retail development, specifically in the western area of Westlake, which would be beneficial to the Town and potential business partnerships. Estimated Completion Date: Winter, 2010 Objective 4.2: Research the use of special districts and other incentives that would allow the Town to be proactive in our effort to attract retail uses. Estimated Completion Date: Winter, 2010 and On-going Marriott / Solana Hotel Cielo Restaurant Page 11 Town of Westlake Highest Quality Development and Aesthetic Standards (cont.) OPEN SPACE PRESERVATION — Maintain the rural atmosphere, spacious residential lots, park facilities and open areas within the master planned community development. Outcome Measure: Utilize comprehensive plan to develop a recommendation or feasible ratio of open space to land development. Outcome Strategies: 1. Open space land management and park system expansion — Mid-Range Goal. Team Leader: Troy Meyer Objective 1.1: Define the “Open Space Land Management” concept to develop practices and policies to protect our natural resources. Estimated Completion Date: Winter, 2009 Objective 1.2: Review current land management plans; “inventory” available open space/potentials sites located in the flood plains/wet lands. Estimated Completion Date: Winter, 2009 Objective 1.3: Develop long range plans to maintain resources including ordinances and additional requirements to site plans/SUP submittals mandating open space requirements as developments proceed through the Town. Estimated Completion Date: Summer, 2010 Objective 1.4: Analyze the open space in relation to comprehensive trail system and amend trail space to integrate cohesive planning. Estimated Completion Date: Fall, 2010 Objective 1.5: Work with Planning Department to ensure public open spaces are included in development proposals. Estimated Completion Date: On-going Objective 1.6: Hire consultant for revised trail master plan, to include, overview of system components, cemetery design elements Estimated Completion Date: Fall, 2010 Objective 1.7: Examine the establishment of a parks master plan. Estimated Completion Date: Fall, 2010 Vaquero “Westlake has been a lot of things, but it has never been ordinary.” Fort Worth Star Telegram Vaquero Page 12 Town of Westlake Outcome Strategies: 1. Complete the Sam and Margaret Lee Arts and Sciences Center — Short-Range Goal. Team Leader: Troy Meyer Objective 1.1: Pouring of concrete foundation. Estimated Completion Date: Spring, 2009 Objective 1.2: Continual supervision and interaction with contractors and suppliers to facilitate contract completion for construction related matters. Estimated Completion Date: Fall, 2009 Objective 1.3: Opening of Arts and Sciences Center. Estimated Completion Date: Fall, 2009 Objective 2.2: Meet with Head of Sections to develop a plan and determine what grade levels would be applicable. Estimated Completion Date: Fall, 2009 Objective 2.3: Based on meeting outcome ,scheduling limitations and student availability, conduct a meeting with staff to identify field trip dates and assist the respective Department Head with scheduling, if necessary. Estimated Completion Date: Winter, 2009 1. Create partnerships between municipal and Academy staff to utilize local government resources to enhance student learning and achievement – Short-Term and On-going Goals. Team Leader: Debbie Piper A. Field Trips Objective 2.1: Discuss with the Leadership Team any field trip opportunities that will be of interest to the students and introduce them to the responsibilities of local government services. Estimated Completion Date: Fall, 2009 PREMIER EDUCATIONAL FACILITIES AND PROGRAMS — Develop high quality educa- tional facilities and learning opportunities for the students of Westlake Academy. Outcome Measure: Completion of Arts & Sciences Center. PRODUCING WELL EDUCATED FUTURE LEADERS AND THINKERS — Support the Academy staff in their efforts to educate the students. Outcome Measure: Development of program processes and objectives; creation of 2 intern positions and placement of students within 2 years. Vision Point Two — We Are Leaders Beginning Phase of A&S Site Preparation Westlake Academy and Student Body Page 13 2009 Producing Well Educated Future Leaders and Thinkers (cont.) B. Internships and Mentoring Objective 2.4: Meet with staff to determine level of interest and assistance the interns will be able to provide and formulate rotation to allow students the experience of working in all aspects of local government. Estimated Completion Date: Fall, 2009 Objective 2.5: Coordinate placement opportunities with local businesses and prepare evaluation forms and feedback process for both students and employers. Estimated Completion Date: Spring, 2010 Objective 2.6: Select interns and prepare a schedule with Town and Academy staff. Estimated Completion Date: Spring, 2010 ENVIRONMENTAL STEWARDSHIP INITIATIVES—Develop and implement comprehensive ‘green’ programs for the residents, corporations, and the Academy. Outcome Measure: Implementation of approved environmental programs within five years. Outcome Strategies: 1. Develop a comprehensive automated recycling and composting program to identify new technology which may be utilized in our environmental stewardship — Short-Range and On-going Goals. Team Co-Leaders: Jarrod Greenwood / Troy Meyer Objective 1.1: Conduct Council workshop presentation to identify environmental stewardship initiatives and prioritize tasks within the program — to include, geo-thermal and bio-diesel options and e-waste recycling opportunities Estimated Completion Date: Spring, 2010 A. Formation of Westlake Green Team Objective 1.2: Establish the Westlake Green Team to address issues with recycling/composting. Will include Town Council, staff, student representatives, corporate residents and waste management provider. Estimated Completion Date: Spring, 2010 Objective 1.3: Coordinate activities of Team with NCTCOG, especially its Green Cities Committee. B. Recycling Program Objective 1.4: Survey surrounding recycling and composting programs and available services to develop a comprehensive program. Estimated Completion Date: Winter, 2009 Objective 1.5: Implement recycling program at all Town facilities. Estimated Completion Date: Summer, 2009 Objective 1.6: Provide hazardous material disposal for citizens. Estimated Completion Date: On-going Page 14 Town of Westlake C. Water Conservation Efforts Objective 1.7: Develop water conservation messages for landscaping and the use of xeriscaping in neighborhoods and common areas. Develop plant listing for landscape ordinance. Integrate input from resident master gardeners to enhance conservation and landscaping recommendations. Estimated Completion Date: Spring, 2010 Objective 1.8: Assist Academy with water conservation, protection, and production education by speaking to students and arranging field trips to water and wastewater treatment facilities. Estimated Completion Date: On-going Objective 1.9: Provide water conservation information to customers through the website, mailings, news letters, and Academy publications. Estimated Completion Date: On-going Environmental Stewardship Initiatives (cont.) HIGH QUALITY SERVICES DELIVERY COUPLED WITH FINANCIAL STEWARDSHIP Research available revenue resources to offset the cost of providing services; continue to provide outstanding government administrative support services while working within the municipal budget. Outcome Measure: Implementation of at least one new demand driven revenue source per year, over the next five years. Outcome Strategies: 1. Establish a strategy for achieving long-term financial sustainability for the Town government, including Westlake Academy — Mid-Range Goal. Team Leader: Tom Brymer Objective 1.1: Review 2009 Direction Finders results with Council. Estimated Completion Date: Summer, 2009 Objective 1.2: Review 2009 Westlake Academy Parent Survey with Council. Estimated Completion Date: Summer, 2009 Objective 1.3: Review Town Capital Improvement Plan, municipal 5-year financial forecast, and Academy financial forecast during proposed 09/10 budget deliberations. Estimated Completion Date: Summer, 2009 Objective 1.4: Research and compile report regarding municipally owned and operated charter schools and their organizational structure. Estimated Completion Date: Fall, 2009 Objective 1.5: Council to review long-range financial forecast, Academy cost structure components, staff to identify options and strategies to address financial issues and their timing. Estimated Completion Date: Spring, 2010 Westlake DPS Engine Page 15 2009 High Quality Services Delivery Coupled with Financial Stewardship (cont.) Objective 1.6: Council to prioritize service options and provide staff direction on future budgeting and resource allocation. Estimated Completion Date: Spring, 2010 2. Review and discuss growth related policies — Short-Range Goals. Team Co-Leaders: Tom Brymer / Todd Wood / Debbie Piper A. Council discussion of ”Growth pays for growth” approach to financial stewardship and policy making. B. Impact Fees Objective 2.4: Discuss and receive Council direction on impact fee feasibility study. Estimated Completion Date: Spring, 2010 Objective 2.5: Prepare proposal of utility impact fee analysis and feasibility report. Estimated Completion Date: Fall, 2010 Objective 2.6: Review impact fee recommendations and consider fee adoption. Estimated Completion Date: Summer, 2011 C. Park Land Dedication and Development Fee Objective 2.7: Discuss and receive Council direction on park land dedication and development fee implementation. Estimated Completion Date: Spring, 2010 Objective 2.8: Prepare proposal of park land dedication and development fee analysis and feasibility report. Estimated Completion Date: Fall, 2010 3. Explore public safety service delivery options and funding — Short-Range Goal. Team Co-Leaders: Tom Brymer / DPS Lieutenants Objective 3.1: Research available options to deliver and fund public safety programs. Estimated Completion Date: Spring, 2010 Objective 3.2: Present options and recommendations to Council. Estimated Completion Date: Summer, 2010 Westlake DPS Ambulance Objective 2.1: Identify sources of Town expenditures related to service delivery which are not currently offset by fee collection. Analyze identified expenditures, from the standpoint of current impact and future expansion to ensure quality service delivery. Estimated Completion Date: Fall, 2010 Objective 2.2: Identify actual or potential costs incurred by the Town. Estimated Completion Date: Fall, 2010 Objective 2.3: Survey other communities to benchmark costs for newly proposed fees and amendments of existing fees. Estimated Completion Date: Fall, 2010 “Good business leaders create a vision, articulate the vision, passionately own the vision, and relentlessly drive it to completion.“ - Jack Welch Page 16 Town of Westlake High Quality Services Delivery Coupled with Financial Stewardship (cont.) 4. Enhance the effectiveness of service delivery via intergovernmental partnerships — Mid-Range and On-going Goals. Team Leader: Tom Brymer Objective 4.1: Council discussion of the use of inter-local agreements as a means to pursue various types of intergovernmental partnership opportunities with area municipalities. Expected Completion Date: Winter, 2009 Objective 4.2: Share a draft of a memorandum of understanding and/or inter-local agreement with municipalities surrounding Westlake to determine the interest level of such partnerships. Estimated Completion Date: Spring, 2010 Objective 4.3: Pursue dialogue and discussion at both the staff and Council level with cities that have expressed an interest in pursuing identified opportunities of mutual interest. Estimated Completion Date: On-going INFRASTRUCTURE MAINTENANCE AND PLANNING — Identify the maintenance needs of existing buildings, review the impact of severe weather patterns on our neighborhoods and formulate a long-term capital improvement plan. Outcome Measure: Approved capital improvement plan within two years. Outcome Strategies: 1. Draft facility master plan with Council — Short-Range Goal. Team Leader: Amanda DeGan Objective 1.1: Work with the Leadership Team to establish a viable facility planning/CIP process. Estimated Completion Date: Winter, 2009 Objective 1.2: Discuss facility master plan (FMP) scope with Council and receive direction. Estimated Completion Date: Spring, 2010 Objective 1.3: Draft FMP scope and solicit project proposals; retain outside consultant to assist staff on FMP. Estimated Completion Date: Spring, 2011 Objective 1.4: Select priorities from FMP and convert into a rolling 5—10 year capital improvement plan. Estimated Completion Date: Summer, 2011 Page 17 2009 2. Review the drainage and storm water plans needed to minimize the impact of severe weather on our neighborhoods — Short-Range Goal. Team Leader: Jarrod Greenwood Objective 2.1: Complete Stagecoach Hills subdivision draining improvement project. Estimated Completion Date: May, 2009 3. Storm Water Utility review — Short Range Goal. Team Leader: Jarrod Greenwood Infrastructure Maintenance and Planning (cont.) Objective 3.1: Discuss storm water utility (SWU) fee with Council as to feasibility and receive direction. Estimated Completion Date: Summer, 2010 Objective 3.2: Draft SWU feasibility analysis scope; retain outside consultant to assist staff. Estimated Completion Date: Spring, 2011 Objective 3.3: Receive SWU report and present recommendations to Council. Estimated Completion Date: Summer, 2011 Objective 3.4: Implement SWU fee. Estimated Completion Date: Fall, 2011 4. Work with transportation representatives to include Westlake in regional rail system — Short-Range and On-going Goals. Team Leader: Kim Sutter Objective 4.1: Compile a list of resources for information on a regional rail system. Estimated Completion Date: Summer, 2009 Objective 4.2: Monitor progress of plans for and implementation of a regional rail system through legislation, NCTCOG, NE Leadership Forum, etc. Estimated Completion Date: On-going Objective 4.3: Survey community interest/seek input from corporate neighbors and residents for a rail system. Estimated Completion Date: Fall, 2009 Objective 4.4: Consider Town Council resolution approval in support of rail system. Estimated Completion Date: Winter, 2009 Objective 4.5: Communicate information and progress of system to corporate neighbors and residents. Estimated Completion Date: Spring, 2010 and On-going Spring Flowers Westlake Academy Page 18 Town of Westlake Vision Point Three — Hospitality Finds Its Home in Westlake CITIZEN ENGAGEMENT AND COMMUNICATION — Design a comprehensive plan to communicate with residents, Academy families, corporate partners, and other community stakeholders. Outcome Measure: Utilize the 2009 Direction Finder survey to establish a benchmark for resident satis- faction in communication and engagement efforts. Outcome Strategies: 1. Develop overall communication plan for the residents and businesses — Short-Range and On-going Goals. Team Leader: Kim Sutter Objective 1.1: Coordinate with PR firm to develop a communications plan for the Town and Academy. Estimated Completion Date: Summer, 2009 Objective 1.2: Establish and conduct regular PR/marketing team meetings, to include, selected business community members, to implement the communication plan and gauge the success of the activities. Estimated Completion Date: On-going Objective 1.3: Establish regular monthly meeting dates and times with PR firm to discuss promotion of the Town and Academy. Estimated Completion Date: On-going 2. Use of technology to enhance service delivery and citizen engagement. — Short-Range and On-going Goals. Team Leader: Todd Wood A. Web-site re-design Objective 2.1: Increase user-friendly accessibility and information dissemination Estimated Completion Date: Summer, 2009 Objective 2.2: Collectively review the website for updates; assess the relevance of content and remove the obsolete information. Estimated Completion Date: On-going B. Review the use of e–government Objective 2.3: Staff to conduct feasibility study and applications for integrated e-government services for customers. Estimated Completion Date: Fall, 2009 Objective 2.4: Present study to Council in workshop. Estimated Completion Date: Winter, 2009 Objective 2.5: Implement Council directed e-government program. Estimated Completion Date: Summer, 2010 Page 19 Town of Westlake Outcome Strategies: 1. Integrate the mission of the Westlake Historical Preservation Society (WHPS) into community events — Short-Range and On-going Goals. Team Leader: Ginger Awtry Objective 1.1: Meet with WHPS president to review mission and strategic plan of both the Society and the Town/Academy plan to ensure continuity. Estimated Completion Date: Winter, 2009 Objective 1.2: Coordinate and foster communication with community groups and Westlake Academy liaison to ensure our local events promote historical preservation and the Society’s visibility; coordinate the event calendars of the groups. Estimated Completion Date: On-going Objective 1.3: Assist in communication between the WHPS and other groups, specifically the Public Arts Society, to promote historical preservation and visibility along trail pathways, entry points, parks and civic campus, etc. Estimated Completion Date: On-going Objective 1.4: Continue to provide assistance in the hosting of Decoration Day; assist the PR firm in marketing the event to residents and the general public. Estimated Completion Date: On-going HISTORIC PRESERVATION — Record the events, individuals, or groups associated with the Town of who had an impact on the region to provide an accurate portrayal of the history of Westlake. Outcome Measure: Host two events on an annual basis to increase awareness of the Town’s history. Decoration Day Flags TOURISM DEVELOPMENT — Promote the Town as an ideal location for hosting conferences and large meeting events and market the Town’s hotel and restaurants as an additional component of regional attractions. Outcome Measure: Increase in occupancy and group meeting rate bookings at the Marriott/Solana Hotel within two years. Outcome Strategies: 1. Host regional events to attract individuals to our restaurants, hotel and businesses — Short-Range and On-going Goals. Team Leader: Ginger Awtry Objective 1.1 Facilitate and partner in communications with ARTSNET and our corporate resident, Maguire Partners, to promote our Masterworks Concert Series in an effort to provide local entertainment and attract individuals from neighboring communities. Estimated Completion Date: On-going Wyck Hill “Vision is the art of seeing what is invisible to others.” - Jonathan Swift Westlake Academy / Civic Campus Page 20 2009 Objective 1.2: Work with PR/marketing team, consultants and Masterworks partners to develop concert series and increase participation by 10% annually . Estimated Completion Date: On-going Objective 1.3: Partner with the Recreation department in annual Arbor Days celebration; working to increase resident, student and corporate participation. Estimated Completion Date: On-going Objective 1.4: Review Town survey results, discuss with marketing team, other municipalities and applicable corporate marketing staff to determine the level of interest in hosting an expanded number of events in Westlake. Estimated Completion Date: Spring, 2010 2. Develop and assist the PR/marketing team, working with the Town’s PR consultant group to promote Westlake as a business and tourist destination — Short-Range Goal. Team Leader: Kim Sutter Objective 2.1: Develop concept for marketing team; including goals and objectives and target audience (based on progress of communications plan). Estimated Completion Date: Fall, 2009 Objective 2.2: Interact with PR firm, and possibly corporate partners, to develop collateral material for use proactively/reactively to request for information regarding the Town. Estimated Completion Date: Spring, 2010 Objective 2.3: Formulate a contract with Marriott/Solana for the use of the hotel/motel occupancy tax funds setting occupancy rate targets to promote the hotel as a premier tourist destination and to increase the visibility of the facility. Estimated Completion Date: Fall, 2009 Tourism Development (cont.) Page 21 Town of Westlake Sunrise at Westlake Academy Successful strategic plans are not successful because of the plan itself. They are not successful because of their vision statement, their mission statement, values, tactics, outcomes, or performance measures. Yes, these things are all part of a successful strategic plan — but, the strategic plan must be a part of something larger than even the plan’s vision. It must tell a story. A story that captures one’s imagination, fires one’s dreams, and compels one to want to be a part of that story, because it is so inspiring. Westlake’s story is not yet finished, and the best chapters are yet to come! The 2009 strategic plan will help write the next chapters — the story of a “premier, knowledge based community.” And, we hope this strategic plan inspires you, the reader, to want to be a part of the Westlake story. Tom Brymer Town Manager/CEO Westlake Academy Outcome Strategies: 1. Implement a Westlake speaker series featuring community leaders – Short-Range and On-going Goals. Team Leader: Ginger Awtry Objective 1.1: Work with Public Arts Society (PAS) to develop community speaker series for both residents and student body. Estimated Completion Date: Spring, 2010 Objective 1.2: Facilitate report with PAS to the Council in order to determine the future direction of the program. Estimated Completion Date: On-going ARTS AND CULTURE — Work with Arts Society to place art pieces within the Town and encourage varied forms of artistic mediums to compliment our natural resources, diverse neighborhoods and corporate architecture. Outcome Measure: Implementation of two speaker sessions per year and incorporate sites for art placement into the comprehensive planning process. Phone: (817) 430-0861 Fax: (817) 430-0967 www.westlake-tx.org Premier communities have a shared vision, mission, and values. More than that, they have a plan to turn that vision into something real that adds value to the community’s quality of life. This is the Westlake Town Council’s strategic plan for its continued pursuit of excellence on be- half of the residents of the Town of Westlake. 3 Village Circle, Suite 202, Westlake, Texas 76262 Town of Westlake Item # 6 – Workshop Adjournment Back up material has not been provided for this item. Town of Westlake Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Presentation from Robert Early President and CEO of JPS Health Systems. Presentation of Government Finance Officers Association’s “Certificate of Achievement for Excellence in Financial Reporting”. Proclamation supporting March for Meals Awareness Month in Tarrant County. Proclamation supporting American Red Cross Month. Town of Westlake Item # 3 – Citizen’s Presentations and recognitions Memo Town of Westlake To: Honorable Mayor and Town Council Members From: Tom Brymer, Town Manager Subject: Regular Meeting of September 8, 2008 Date: September 3, 2008 Presentation of Government Finance Officers Association’s “Certificate of Achievement for Excellence in Financial Reporting” to staff. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy o Environmental stewardship initiatives o High quality services delivery coupled with financial stewardships o Infrastructure maintenance and planning The Finance Department submitted, f or the first time, the FY 2007 -2008 audit document for the Government Finance Officers Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting. We are pleased to announce the receipt of this award. There is no statistical in formation regarding the period the award was won, but for FY 2006 -2007, only 111 municipalities in the State of Texas submitted their budget document for this prestigious award. It is the highest form of recognition in governmental budgeting and represents a significant achievement. BACKGROUND Program participants benefit from access to a wealth of technical material specifically designed to help them comply with program requirements. They also profit from having their budget document confidentially reviewed by experienced budget professionals. This recognition can be viewed as a positive factor by credit rating agencies and by others interested in the professionalism of a government’s finance function. Top-quality budget documents are essential if citizens and others with an interest in a government’s finances are to be informed participants in the budget process. Better budget documents contribute to better decision making and enhanced accountability. The award represents a significant achievement by the Town. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. Upon successful completion of the eligibility process, each CAFR is assigned and mailed to two Special Review Committee (SRC) members for review. To qualify for a certificate, a report must receive the unanimous approval of both reviewers. The award is valid for one year. To continue participation in the program, it will be necessary to submit subsequent year’s annual budget documents to GFOA. N/A FUNDING N/A RECOMMENDATION MARCH FOR MEALS WHEREAS, Meals On Wheels, Inc., prepares and delivers meals to elderly and disabled persons who are unable to prepare meals for themselves; and WHEREAS, for the past 37 years, the citizens of Tarrant County have benefited from the delivery of over 11 million meals to our homebound neighbors; and WHEREAS, this organization has a volunteer force of over 5,000 persons who donate their time, vehicles, gasoline, and energy to deliver over 985,000 hot meals to Tarrant County residents annually; and WHEREAS, Meals On Wheels case managers make over 12,000 home visits annually to act as advocates for clients; and WHEREAS, no client is ever refused service because of inability to pay; and WHEREAS, these efforts have resulted in the improvement in the lives of the homebound and disabled in Tarrant County with continued personal independence, daily visits by caring volunteers, well-balanced meals, and the assistance of professional case managers. NOW, THEREFORE I Laura Wheat, Mayor of the Town of Westlake, and the Town Council do hereby proclaim March for Meals Awareness Month in Tarrant County In the Town of Westlake, Texas and invite all in our Town to observe these days in ways appropriate to its importance and significance in our Town. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the Town of Westlake, Texas to be affixed this 22nd day of March 2010. _________________________________ Laura Wheat, Mayor Town of Westlake Proclamation WHEREAS, the American Red Cross was designated in 1905 by the United States Congress as the lead voluntary agency responsible for developing and maintaining a system for national and international relief in time of peace, including assistance during famine, fire, flood and other calamities; and, WHEREAS, the American Red Cross is always there, under the same trusted symbol, serving the community and touching lives by providing education, life-saving information, training and disaster relief to individuals, families, schools and businesses, and for the past 93 years, the Chisholm Trail Chapter of the American Red Cross has devoted itself to that same goal; and, WHEREAS, in the past year, the American Red Cross responded to more than 600 disaster incidents in the Chisholm Trail Chapter service area (a 23 county jurisdiction), from home fires to windstorms, floods, tornados, wildfires, winter storms and many other types of disaster, WHEREAS, today, the mission of the American Red Cross is more relevant than ever as society faces unique challenges, and through its preparedness and readiness efforts, the American Red Cross is a leader in empowering individuals and families to protect themselves by training in essential skills and disaster preparedness; and, WHEREAS, each March we formally recognize the Chisholm Trail Chapter of the American Red Cross and its essential humanitarian role in the Town of Westlake. Every day Red Cross volunteers and paid staff provide essential programs in this community to provide such services as disaster relief, Family Preparedness training, First Aid/CPR and AED training, water safety and life guard instruction, service to the Armed Forces and the military family as well as international family reunification and messaging. The Chisholm Trail Chapter joins with other chapters nationwide during March 2010 to celebrate “American Red Cross Month” and the services these chapters provide, NOW THEREFORE: We, the Town Council, do hereby proclaim March 2010, as AMERICAN RED CROSS MONTH in the Town of Westlake and urge residents to become partners in preparedness with the Chisholm Trail Chapter. IN TESTIMONY, WHEREOF, I have hereunto set my hand and caused the Official Seal of the Town Westlake, Texas to be affixed this 22nd day of March, A.D., 2010. ____________________________________ Laura Wheat, Mayor CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the Town Council meeting held on February 22, 2010. b. Consider approval of Resolution 10-06, authorizing the Town Manager to enter into a contract with Graham Associates for engineering design services related to the construction of Stagecoach Hills waterline improvements. c. Consider approval of Ordinance 634, Reappointing the Presiding Judge and Alternate Judge for the Westlake Municipal Court. d. Consider approval of Resolution 10-08, approving changes and additions to the Town of Westlake Personnel Manual. Town of Westlake Item # 4 - Consent Agenda Items Town Council Minutes 02/22/10 Page 1 of 5 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL REGULAR MEETING February 22, 2010 PRESENT: Mayor Laura Wheat and Council Members, Larry Corson, Carol Langdon, Rick Rennhack, and Rebecca Rollins. ABSENT: Tim Brittan OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kelly Edwards, Assistant to the Town Manager Ginger Awtry, Management Intern Christina Wagner-Powers, Public Works Superintendent Jarrod Greenwood, Facilities and Recreation Director Troy Meyer, Finance Director Debbie Piper, Lt. Richard Whitten, Director of Human Resources and Administrative Services Todd Wood, and Planning and Development Director Eddie Edwards. Workshop Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 4:39 p.m. 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM FEBRUARY 22, 2010, COUNCIL REGULAR MEETING AGENDA. No discussion 3. PRESENTATION AND DISCUSSION BY THE KELLER POLICE DEPARTMENT OF THE 2009 ANNUAL SERVICE AND ACTIVITY REPORT FOR POLICE SERVICES AND THE RACIAL PROFILING REPORT. Mayor Wheat introduced the item and Chief Mark Hafner from the Keller Police Department. Chief Hafner provided an overview of the annual report and racial profiling report as presented to Town Council. Town Council Minutes 02/22/10 Page 2 of 5 Discussion ensued regarding the percentage of citations written, the traffic count on State Highway 114, and the time and days of coverage Keller provides to Westlake. 4. DISCUSSION OF THE QUARTERLY FINANCIAL DASHBOARD FOR THE QUARTER ENDED DECEMBER 31, 2009. Finance Director Piper provided an overview of the dashboard and answered questions. Discussion ensued regarding the collection of franchise fees from telecom services in Westlake and the legislative changes that have been implement regarding the collection of those fees. The Council asked that future reports include a list of the top 10 businesses the Town collects sales tax from be included, the percentage each contributes to the revenue and the Marriott occupancy requirements as per the Economic Development Agreement. They also asked that staff establish relationships with the top 10 businesses to understand what portion of their business is producing the sales tax revenue. 5. PRESENTATION OF UPDATES AND DISCUSSION OF THE STATUS OF THE TOWN STRATEGIC PLAN. Department Staff continued to provide an overview of each of the outcome strategies listed in the plan. Mayor Wheat recessed the meeting at 6:57 p.m. Mayor Wheat reconvened the meeting at 8:16 pm. Discussion of each outcome strategy continued. Mayor Wheat asked that this item be continued at the March meeting. 6. ADJOURNMENT There being no further business, Mayor Wheat adjourned the workshop at 9:39 p.m. Regular Session 1. Mayor Wheat called the regular meeting to order at 7:41 p.m. with all Council Members present. CALL TO ORDER Town Council Minutes 02/22/10 Page 3 of 5 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. CITIZEN PRESENTATIONS AND RECOGNITIONS Mayor Wheat postponed this item to the March meeting. Presentation of Government Finance Officers Association’s “Certificate of Achievement for Excellence in Financial Reporting”. 4. CONSENT AGENDA a. Consider approval of the Town Council meeting held on January 25, 2009. b. Consider approval of Resolution 10-03, Amending the Town of Westlake Identity Theft Prevention Policy. c. Consider approval of Resolution 10-04, Accepting the Racial Profiling report as prepared by the City of Keller Police Department. d. Consider approval of Resolution 10-05, Approving amendments to the Town Facility Use policy relative to capital projects and facility modification/improvement projects at the Westlake Academy campus. MOTION: Council Member Rollins made a motion to approve the consent agenda as amended during the workshop. Council Member Corson seconded the motion. The motion carried by a vote of 4-0. 5. DISCUSS AND CONSIDER ORDINANCE NO. 633, AMENDING CHAPTER 70, SIGNS OF THE CODE OF ORDINANCES WHICH REGULATES THE ERECTION, STRUCTURAL ALTERATION AND MAINTENANCE OF OUTDOOR SIGNS. Planning and Development Director Edwards provided a presentation and example of the proposed signage to market retail space. MOTION: Council Member Corson made a motion to approve with changes as discussed to Sections 70-9(d) and 70-13(g). Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 02/22/10 Page 4 of 5 6. FUTURE AGENDA ITEMS Mayor Wheat Invite Russell Laughlin to speak regarding transportation and growth in the area. Council Member Rennhack agreed to place the item on a future agenda. Mayor Wheat DFW Connector Project presentation. Council Member Corson agreed to place the item on a future agenda. 7. COUNCIL CALENDAR - Westlake Academy Gallery Night event February 26, 2010 6:00 – 10:30 pm - Town Council Meeting February 22, 2010 - Town Council Meeting March 22, 2010 - Town Council Meeting April 26, 2010 - Bandana Bonanza May 1, 2010 - Election Day May 8, 2010 - Westlake Academy Graduation May 23, 2010 o Decoration Day May 31, 2010 Town Council Minutes 02/22/10 Page 5 of 5 8. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Rollins seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 8:16 p.m. APPROVED BY THE TOWN COUNCIL MARCH 22, 2010. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Jarrod Greenwood, Public Works Director Subject: Regular meeting of March 22, 2010 Date: March 5, 2010 Consider a Resolution authorizing the Town Manager to enter into a contract with Graham Associates for engineering services related to the construction of Stagecoach hills waterline improvements. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Infrastructure maintenance and planning The Town acquired several water service areas from the City of Keller in 2001. The purchase agreement stipulated a transition of water lines from the City of Keller’s water system to the Town of Westlake’s water system to occur within three years. The existing waterlines within Stagecoach Hills are still connected to the City of Keller and include some that are well past their service life or not large enough to provide adequate fire protection. The integration of Stagecoach Hills will occur in two phases, with the first being the replacement of the existing 2” and 4” water lines within the neighborhood with either 6” or 8” waterlines. The second phase will connect Stagecoach Hills to an existing town of Westlake 20” waterline on Roanoke road near the Chrysler Financial facility. BACKGROUND Staff anticipated this capital project and included the costs for engineering and construction in the current fiscal year budget. The Graham proposal will provide engineering services relating to the design, assistance with bidding, and construction staking of the waterline improvements. The engineering proposal is $29,910 (see attachment A) and was included in the adopted FY 09/10 budget. FUNDING Staff recommends approval. RECOMMENDATION Proposal for Engineering Services ATTACHMENTS: Resolution 10-06 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN AGREEMENT WITH GRAHAM ASSOCIATES, FOR ENGINEERING SERVICES RELATED TO THE CONSTRUCTION OF STAGECOACH HILLS WATERLINE IMPROVEMENTS AT A COST OF APPROXIMATELY $29,610; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the state requires water purveyors to provide a safe and adequate supply of water to citizens and water customers within their geographic service area; and WHEREAS, certain sections of waterlines within the Town’s distribution system have deteriorated to a point where they have required numerous repairs and compromise the efficiency of Town operations; and WHEREAS, the Town Council find that replacing the waterlines within Stagecoach Hills is sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council find that replacing the waterlines within Stagecoach Hills works to achieve the Town’s desire to provide safe drinking water; and WHEREAS, the engineering costs for the waterline improvements in Stagecoach Hills are included in the adopted FY 2009/2010 budget; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the contract with Graham Associates, Inc., for the engineering services for the waterline improvements in Stagecoach Hills, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. Resolution 10-06 Page 2 of 2 PASSED AND APPROVED ON THIS 22nd DAY OF MARCH, 2010. ____________________________ Laura Wheat, Mayor ATTEST: ________________________________ _____________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager / CEO of Westlake Academy Amanda DeGan, Municipal Court Director / Special Projects Coordinator Subject: Regular meeting of March 22, 2010 Date: March 08, 2010 ITEM Consider an Ordinance reappointing the Presiding Judge and Alternate Judge for the Westlake Municipal Court. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas:  We are Leaders o High Quality Services Delivery Coupled with Financial Stewardship BACKGROUND In accordance with the Ordinance establishing the Municipal Court, the Board of Aldermen shall appoint and reappoint the Presiding Judge and Alternate Judge as necessary. This proposed Ordinance is a reappointment of the current individuals holding the positions of Presiding Judge, Brad Bradley and Alternate Judge, Eric G. Ransleben. FUNDING The funding for these positions is allocated on an annual basis in the Municipal Court budget. RECOMMENDATIONS Approve the re-appointment of the presiding and alternative Judge. ATTACHMENTS: Ordinance No. 10 - _______ Ordinance 634 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 634 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING THE PRESIDING JUDGE AND THE ALTERNATE PRESIDING JUDGE FOR THE MUNICIPAL COURT OF RECORD NO. 1 IN THE TOWN OF WESTLAKE; PROVING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake Board of Aldermen established the Municipal Court of Record No. 1 and must provide for the appointment of a Presiding Judge and an Alternate Judge; and WHEREAS, Ordinance No. 401 also sets forth certain duties and qualifications for each of the Appointees; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1 . That the Board of Aldermen hereby appoints the following individuals to the Municipal Court of Record No. 1 in the capacity set forth below: Presiding Judge Brad Bradley Alternate Judge Eric G. Ransleben These appointments are made subject to and are governed by the provisions of Ordinance No. 401, and in accordance with State law. SECTION 2 . That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 3. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of the Ordinance, and the Board of Aldermen hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. All other Ordinances in effect and not in conflict with this Ordinance shall remain in full force and effect. Ordinance 634 Page 2 of 2 SECTION 5. The Town Secretary of the Town of Westlake is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Westlake and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED ON THIS 22nd DAY OF MARCH 2010. _________________________________ Laura Wheat, Mayor ATTEST: _________________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: __________________________________ L. Stanton Lowry, Town Attorney Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Todd Wood, Director of HR and Administrative Services Subject: Regular Meeting of March 10, 2010 Date: March 10, 2010 Consider a Resolution approving changes and additions to the Town of Westlake Personnel Manual. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Producing well educated future leaders and thinkers BACKGROUND The Town of Westlake Personnel Manual is a written compilation of the Town’s personnel policies, procedures, and benefits. It is a comprehensive document which must be updated in response to changing laws, employment trends, as well as internal changes in structure and benefits. Exhibit “A” contains the proposed policy changes and one new policy recommended for adoption into the Personnel Manual. The recommended changes are as follows: Nepotism Policy: The nepotism policy contains changes making the guidelines for employees consistent with the existing requirements for Board members and the Town Manager. Immigration Law Compliance: This policy has been modified to include the use of the federal E-Verify system to verify employment eligibility. Performance Evaluations: This policy has been modified to allow Department Heads to conduct additional evaluation, if necessary. Holidays: In a survey of 42 cities within the DFW metroplex, the number of annually observed holidays varied between eight and fourteen. The addition of Martin Luther King, Jr. Day would enhance the Town’s benefit package, making it more comparable to the median number of holidays recognized by other cities. This additional holiday would have no effect on the response or availability of emergency services, nor would it affect the ability of Town employees to respond to other operational urgencies, if required. Pay Increases and Title Changes: A sentence has been added to this policy stating that all pay increases and title changes must be approved by the Town Manager. Identity Theft Policy: This policy was adopted by the Town Council in February 2009, and amended in February 2010. A brief description of this policy is recommended for inclusion in the Personnel Manual, and all employees will receive a copy of the entire policy. None FUNDING Staff recommends approval. RECOMMENDATION Exhibit “A” showing proposed policies. ATTACHMENTS: Resolution 10-08 Page 1 of 6 TOWN OF WESTLAKE RESOLUTION NO. 10-08 APPROVING AMENDMENTS TO THE TOWN OF WESTLAKE PERSONNEL MANUAL AND EMPLOYEE BENEFIT PACKAGE. WHEREAS, the Town of Westlake recognizes that ongoing updates to the Town’s Personnel Manual are necessary to ensure legal best practices; and, WHEREAS, the goal of the Town of Westlake is to provide policies and benefits that are competitive to surrounding cities; and, WHEREAS, the Town of Westlake desires is to provide employees with a Personnel Manual that reflects the goals and vision of the Town’s leaders; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: SECTION 1. That the Town of Westlake Town Council does hereby approve the proposed policy amendments and additions, attached as Exhibit “A”, and its inclusion of these policies into the Town of Westlake Personnel Manual. SECTION 2. That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 22nd DAY OF MARCH 2010. ___________________________________ ATTEST: Laura Wheat, Mayor ______________________________ _______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _____________________________ L. Stanton Lowry, Town Attorney Resolution 10-08 Page 2 of 6 Exhibit “A” Town of Westlake Employee Personnel manual Amended Policies: 2.09 HIRING OF RELATIVES (NEPOTISM) No person related within the second degree of affinity or within the third degree by consanguinity to any elected officer of the Town, or to the Town Manager, shall be appointed any office, position, or clerkship, or other service of the Town. Relatives of all other persons employed by the Town of Westlake may not be hired if the relative is within the second degree of affinity or within the second degree of consanguinity. This policy applies to all Town departments, and may not be circumvented in cases where a relative would not be supervised by the existing Town employee. Exemptions to this policy may be made by the Town Manager for temporary, part-time positions. In the event that two employees enter into a marital relationship, one employee will be required to resign their employment with the Town within thirty (30) days. Present or future employees may not be promoted nor transferred to a position that would be in violation of this policy. For the purposes of this policy, a relative is defined to include: First degree affinity – spouse, spouse’s mother, father, brother, sister, son, daughter; Second degree affinity – spouse’s aunt, uncle, niece, nephew, grandmother, grandfather, granddaughter, grandson, first cousins; First degree of consanguinity – employee’s mother, father, daughter, son, sister, brother; Second degree of consanguinity – employee’s aunt, uncle, niece, nephew, grandmother, grandfather, granddaughter, grandson, first cousins; Third degree of consanguinity – employee’s great aunt, great uncle, great niece, great nephew, great grandmother, great grandfather, great granddaughter, great grandson, second cousins. 3.08 IMMIGRATION LAW COMPLIANCE The Town of Westlake is committed to employing only United States citizens and aliens who are authorized to work in the United States and who comply with the Immigration Reform and Control Act of 1986. Each employee must properly complete, sign, and date the first section of Department of Homeland Security Form I-9 and provide the appropriate documentation required on Resolution 10-08 Page 3 of 6 section two of the form. The documentation provided will be used to verify employment eligibility through the federal government’s E-Verify system. Rehired employees must also complete the I-9 form if the previous form on file is more than three (3) years old, or if the employee is rehired after 90 days from their initial termination date. 4.13 performance Evaluations Performance evaluations permit the supervisor and the employee to discuss the job responsibilities, standards, performance requirements, and any existing or anticipated problems. Using a standardized performance evaluation instrument, all employees will be evaluated not less than once per year. Supervisors should conduct reviews on or around the employee’s anniversary date. Employees may be evaluated more frequently at the discretion of the Department Head. 6.05 HOLIDAYS The Town of Westlake will grant paid time off to regular full-time and full-time probationary/introductory employees for ten (10) designated holidays or shifts per annum according to the following criteria. Regular full-time and full-time probationary/introductory employees in pay status shall be compensated at their regular hourly rate and for the number of hours they would have worked had it not been a holiday. Regular full-time employees whose regular day off falls on a Town-designated holiday may receive pay for the holiday or, subject to Department Head approval, may elect to take a paid day off at a later time. Employees will receive holiday pay based on the number of hours they are scheduled to work on the day they take off. Each department is responsible for documenting saved holidays and when holidays are taken on the employee’s timesheet before submitting the timesheet to payroll for processing. Regular full-time and regular part-time employees who are scheduled to work on a Town-designated holiday will receive pay for the hours worked on the holiday plus holiday pay for the number of hours they are scheduled to work. Based on department operations and subject to Department Head approval, employees may elect to save their holiday and take a paid day off at a later time. Employees will receive pay for the saved holiday based on the number of hours they are scheduled to work on the day they take off. Each department is responsible for tracking saved holidays and when holidays are taken. To receive holiday pay, employees must be in pay status on their scheduled workday preceding and following the designated holiday. Resolution 10-08 Page 4 of 6 If a designated holiday falls during an eligible employee’s paid absence (i.e., vacation, sick leave), holiday pay shall take precedence and the leave period shall not be extended because of the holiday. DPS personnel are permitted to bank unused holiday time. The maximum threshold in an employee’s holiday bank is 528 hours, equivalent to two (2) year’s holiday time. Any unused holiday time above this threshold will be forfeited on October 1st when new holiday time is credited to the employee’s bank. The Town shall observe ten (11) official holidays per year, which include the following: Thanksgiving Day in November Friday after Thanksgiving in November Christmas Eve, December 24 Christmas Day, December 25 th New Year’s Day, January 1 th Martin Luther King, Jr. Day in January st Good Friday in March/April Memorial Day in May Independence Day, July 4 Labor Day, 1 th st Floating Holiday Monday of September Personal Leave Day (floating holiday): Regular full-time, regular part-time, and probationary/introductory employees are eligible to use their Personal Leave Day upon commencing employment and must use it before their first anniversary date. Payment shall be made for the Personal Leave Day upon separation, retirement, or death of the employee if not taken during the year, providing that the employee has not been discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. If employment lasts less than six months, no payment will be made for the floating holiday and will be deducted from the employee’s last check if used. Note: Holidays that fall on Saturday shall normally be observed on the preceding Friday and holidays that fall on Sunday shall normally be observed on the following Monday. Firefighters working twenty-four (24) hour shifts do not observe the Town’s designated holidays. They are eligible for eleven (11) floating holidays to be scheduled and taken throughout the twelve (12) month period beginning October 1 of each year. If a firefighter’s employment begins mid-year, the number of available holidays will be adjusted to reflect the number of upcoming holidays through September 30th . Firefighters who have not used all of their accrued holiday hours by the last pay period in the fiscal year shall be allowed to accrue holiday hours in the holiday bank until the maximum ceiling of 528 hours is reached. Resolution 10-08 Page 5 of 6 Firefighters may be paid at their current rate of pay for up to three (3) unused holidays upon separation, retirement, or death of the employee, provided however that the employee has given the appropriate two (2) week notice when applicable and is not being discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. Payment eligibility is as follows: • Separation on October 1st • Separation on Thanksgiving Day through December 23 through the day before Thanksgiving results in no payment of unused holidays. rd • Separation on December 24 results in the payment of 1 unused holiday. th through December 31st • Separation on or after January 1 results in the payment of 2 unused holidays. st results in the payment of 3 unused holidays. 7.05 PAY INCREASES AND TITLE CHANGES It is the policy of the Town of Westlake to conduct annual salary surveys of surrounding cities. Salary adjustments may be made in order to remain competitive. In circumstances such as promotion or merit based adjustments separate from the normal merit based annual adjustment, the adjustment date will become the new anniversary date for future pay increases. This policy does not apply to one-time merit payments. Any changes to an employee’s salary or job title must be approved by the Town Manager. Policy Additions: 3.05 Identity Theft Policy (FACTA) The Town of Westlake is committed to keeping the information received from citizens and customers safe from identity theft. This policy is designed to protect people from identity theft and to address the requirements of state and federal law. The methods used to prevent identity theft include ensuring that the information given to open an account with the Town is valid to prevent someone from using another person’s identity to open an account, monitoring already existing accounts for unusual or suspicious activity and, finally, providing for notification of account holders in the unlikely event of unauthorized release of sensitive information. The purpose of this policy is to set out procedures and practices to assist Town personnel in the prevention of identity theft and to comply with federal and state law requirements. Eliminating identity theft involves prevention, monitoring and notification. The Town will take measures to prevent fraudulent accounts from being opened, will monitor existing accounts for suspicious activity, and will notify individuals if an unauthorized release of information occurs. Resolution 10-08 Page 6 of 6 According to the Fair and Accurate Credit Transactions Act (“FACTA”) a municipal utility is a creditor subject to the requirements of the law. FACTA provides for certain “Red Flags” in its “Red Flag Rule” to assist in identifying and preventing identity theft. The Town of Westlake Identity Theft Prevention Policy contains procedures to: 1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. The Texas Local Government Code, section 205.010, provides that certain requirements of the Business and Commerce Code apply to cities. Those requirements generally concern notification in the event of an unauthorized breach of sensitive personal information, and those standards are contained in the Town of Westlake Identity Theft Prevention Policy. In compliance with federal law, employees performing certain job duties will be required to complete a training course for the purpose of Red Flag identification and identity theft prevention. Employees will be provided this training at the Town’s expense and will be coordinated by the Human Resources Department. In addition, all Town employees will receive a complete copy of Town of Westlake Identity Theft Prevention Policy. Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Debbie Piper, Finance Director Subject: Regular Meeting of March 22, 2010 Date: March 12, 2010 ITEM Acceptance of the Comprehensive Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the fiscal year ended September 30, 2009. This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o High quality services delivery coupled with financial stewardships BACKGROUND The Town’s Fiscal and Budgetary Policies along with State law require that the Town be audited annually by outside independent accountants. The result of this independent audit is the receipt of an unqualified opinion or “clean” opinion again this year. This means the auditors have found that these f inancial statements present fairly, in all material respects, the financial position of the Town of Westlake at September 30, 200 9. We are also pleased that there were no “Management Letter” comments for the current year. As implemented in previous years, we have included the Texas Student Housing (TSH) audited information in our report. Because the Town Council may appoint and/or remove a director of the Texas Student Housing Board, it was determined that TSH should be considered a component unit of the Town. This information has been included in the financials and in the footnotes. It was also noted that the debt of TSH is not a liability of the Town. The inclusion of this information in the Town’s audit will not affect any future bond ratings nor have a negative impact on the Town’s overall debt ratio for the purpose of securing additional financing in the future. Along with the annual budget, the Comprehensive Annual Financial Report (CAFR) is one of the most important financial activities of the Town. This report represents and reflects upon the Town’s financial operations and condition to the Town’s residents, elected officials, management personnel, financial institutions, rating agencies, and all other parties interested in the financial affairs of the Town. Additionally, the Town began participating in the Government Finance Officer Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting program for the fiscal year 2007. This award is highly regarded as the “Good Housekeeping Seal of Approval” for governmental financial reporting. Therefore, we are pleased to announce that the Town has recently received this award for our second submission and a presentation to the Finance staff is scheduled for this same meeting. This award is presented based on the required contents of the CAFR document, and ensures that certain required financial disclosures are presented in the document. All governmental entities that participate in the program must include these disclosures in their CAFR. We believe the September 30, 2009 CAFR is in compliance with these disclosure requirements, and the Town will be awarded our 3nd consecutive certificate. N/A FUNDING Acceptance of the annual CAFR RECOMMENDATION Resolution ATTACHMENTS: Comprehensive Annual Financial Report for the FY ended September 30, 2009 TOWN OF WESTLAKE RESOLUTION NO. 10-07 ACCEPTANCE OF THE ANNUAL COMPREHENSIVE ANNUAL FINANCIAL REPORT PRESENTED BY PATTILLO, BROWN & HILL, L.L.P., CERTIFIED PUBLIC ACCOUNTANTS, FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009. WHEREAS, Section 103.001 of the Local Government Code requires that a municipality shall have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit; and WHEREAS, Section 103.002 of the Local Government Code requires that a municipality shall employ at its own expense a certified public accountant who is licensed in this state or a public accountant who holds a permit to practice from the Texas State Board of Public Accountancy to conduct the audit and to prepare the annual financial statements; and WHEREAS, the firm of Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, was selected and approved by the Board of Aldermen on July 12, 2006 for a five year engagement to include the performance of the Town of Westlake’s financial audit for the year ended September 30, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: SECTION 1: That the Town Council does hereby accept the fiscal year 2008/2009 Comprehensive A nnual Financial Report from Pattillo, Brown & Hill, L.L.P., Certified Public Accountants. SECTION 2 PASSED AND APPROVED ON THIS 22 : That this Resolution shall become effective upon the date of its passage. nd DAY OF MARCH, 2010. __________________________________ ATTEST: Laura Wheat, Mayor _______________________________ __________________________________ Kelly Edwards, TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney                                                         TOWN OF WESTLAKE    COMPREHENSIVE ANNUAL FINANCIAL REPORT    FOR THE FISCAL YEAR ENDED  SEPTEMBER 30, 2009                              Prepared by  Town of Westlake  Finance Department    3 Village Circle, Suite 202  Westlake, TX  76262  TOWN OF WESTLAKE, TEXAS TABLE OF CONTENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 Page INTRODUCTORY SECTION Number Letter of Transmittal ………………………………………………………………… i – vi Certificate of Achievement ………………………………………………………………… vii Organizational Chart ………………………………………………………………… viii Principal Town Officials …………………………………………………………….. ix FINANCIAL SECTION Independent Auditor’s Report........................................................................................ 1 – 2 Management’s Discussion and Analysis ....................................................................... 3 – 12 Basic Financial Statements Government-wide Financial Statements Statement of Net Assets .................................................................................. 13 Statement of Activities .................................................................................... 14 -15 Fund Financial Statements Balance Sheet – Governmental Funds ............................................................. 16 -17 Statement of Revenues, Expenditures and Changes in Fund Balances – Governmental Funds ...................................................... 18 -20 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities ......................................................... 21 Statement of Net Assets – Proprietary Funds .................................................. 22 Statement of Revenues, Expenses and Changes in Fund Net Assets – Proprietary Funds ........................................................ 23 (continued) TOWN OF WESTLAKE, TEXAS TABLE OF CONTENTS (Continued) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 Page FINANCIAL SECTION (Continued) Number Fund Financial Statements (Continued) Statement of Cash Flows – Proprietary Funds ........................................................ 24 Discretely Presented Component Units Financial Statements: Discretely Presented Component Units - Combining Statement of Net Assets………………………………………………… 25 - 26 Discretely Presented Component Units - Combining Statement of Activities………………………………………………… .. 27 - 28 Notes to Financial Statements ................................................................................. 29 - 64 Required Supplementary Information Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – General Fund ............................................................................................. 65 Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Visitors Association Fund ......................................................................... 66 Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Westlake Academy .................................................................................... 67 Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – FM 1938 Fund …………………………….. ............................................ 68 Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Property Tax Reduction Fund …………………………….. .................... 69 Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Lone Star Public Facility Corporation …………………………….. ........ 70 (continued) TOWN OF WESTLAKE, TEXAS TABLE OF CONTENTS (Continued) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 Page FINANCIAL SECTION (Continued) Number Required Supplementary Information (Continued) Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – 4B Economic Development Corporation …………………………….. ... 71 Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Vehicle/Equipment Replacement Fund …………………………….. ...... 72 Notes to Required Supplementary Information …………………………….. ....... 73 Individual Fund Schedule: Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – Debt Service Fund …………………………….. ...................................... 74 STATISTICAL SECTION (Unaudited) Net Assets by Com ponent ………………………………………………………… 75 Changes in Net Assets ……………………………………………………………... 76 - 77 Fund Balances – Governmental Funds …………………………………………….. 78 Changes in Fund Balance – Governmental Funds ………………………………….. 79 - 80 Taxable Sales by Industry Type ……………………………………………………. 81 Ratios of General Bonded Debt Outstanding ……………………………………….. 82 Ratios of Outstanding Debt by Type ………………………………………………… 83 Demographic and Economic Statistics ……………………………………………….. 84 Principal Employers ………………………………………………………………….. 85 (continued) TOWN OF WESTLAKE, TEXAS TABLE OF CONTENTS (Continued) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 Page STATISTICAL SECTION (Unaudited) (Continued) Number Full-time Equivalent Town Government Employees by Function/Program ………………………………………………………………….. 86 Operating Indicators by Function/Program …………………………………………… 87 Capital Asset Statistics by Function/Program ………………………………………… 88 COMPLIANCE SECTION Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards ............................................................................. 89 - 90 INTRODUCTORY SECTION 3 Village Circle #202  Westlake, Texas 76262 Metro: 817-430-0941  Fax: 817-430-1812  www.westlake-tx.org i Town of Westlake March 10, 2010 Honorable Mayor, Council Members and the Citizens of the Town of Westlake, The Town of Westlake (the "Town") Fiscal and Budgetary Policies requires that the Town's Finance Department prepare a complete set of financial statements presented in conformity with generally accepted accounting principles (GAAP) and audited in accordance with generally accepted auditing standards by a firm of licensed certified public accountants. Accordingly, the Comprehensive Annual Financial Report (CAFR) for the Town of Westlake, Texas for the fiscal year ended September 30, 2009, is hereby issued. This report consists of management's representations concerning the finances of the Town. Consequently, management assumes full responsibility for the completeness and reliability of all the information presented in this report. To provide a reasonable basis for making representations, the Town established a comprehensive internal control framework that is designed both to protect the Town's assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the Town’s financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh their benefits, the Town's comprehensive framework of internal controls has been designed to provide reasonable, rather than absolute, assurance that the financial statements will be free from material misstatements. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material respects. The Town's financial statements have been audited by Pattillo, Brown and Hill LLP, Independent Certified Public Accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the Town for the fiscal year ended September 30, 2009, are free of material misstatements. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit, that there was a reasonable basis for rendering an unqualified opinion that the Town's financial statements for the fiscal year ended September 30, 2009, are fairly presented in conformity with GAAP. The independent auditors' report is presented as the first component of the financial section of this report. This report is presented in three sections: Introductory, Financial and Statistical. The Introductory Section includes this transmittal letter, a listing of Town Officials, and an organizational chart of the Town. The Financial Section includes the independent auditor’s report on the basic financial statements, Management’s Discussion and Analysis (MD&A), basic financial statements, the notes to the basic  ii financial statements, and combining and individual fund statements and schedules. The MD&A is a narrative introduction, overview and analysis to accompany the basic financial statements. This letter of transmittal is designed to compliment, and should be read in conjunction with the MD&A. The Town of Westlake’s MD&A can be found immediately following the independent auditor’s report. The Statistical Section includes financial and demographic information relevant to readers of the Town’s financial statements. The statistical data is generally presented on a multi-year basis. Profile of the Town Minutes from downtown Fort Worth, Texas and DFW International Airport, the Town of Westlake is home to several upscale residential communities and Fortune 500 companies, all of which share a unique character and charm, along with a commitment to excellence. The Town is located in northeast Tarrant County and may be conveniently accessed by several major thoroughfares, including SH 114 and US 377. The Town occupies approximately 7 square miles and serves a population of about 785 with the average appraised home value at $1.2 million. The Town, incorporated in 1956, is considered a Type A general-law municipality and has the power by state statute to extend its corporate town limits by annexation, which is done periodically when deemed appropriate by the Council. The Town operates under the Council-Manager form of government. The Council is comprised of a mayor and five (5) council members and is responsible for, among other things, passing ordinances, adopting the budget, appointing committees, and hiring the Town Manager. The Town Manager is responsible for carrying out the policies and ordinances of the Council, for overseeing the day-to-day operations of the Town and appointing and supervising heads of various departments. The Mayor and Town Council members serve two (2) year terms. All elected officials are elected at-large. The financial reporting entity (the government) includes all funds of the primary government (i.e. the Town of Westlake), as well as all of its component units. Component units are legally separate entities for which the primary government is financially accountable. The following entities are considered blended component units: Lone Star Public Facilities Corporation is a Texas nonprofit corporation that acts on behalf of the Town to further the public purposes under the Public Facilities Corporation Act, as it’s duly constituted authority and instrumentality. The board of directors, appointed by the Town’s governing body, is comprised of seven members, of whom five must be members of the Town’s governing body. 4B Economic Development Corporation is a Texas nonprofit industrial corporation under the Development Corporation Act of 1979 formed to promote economic development within the Town and the State of Texas in order to eliminate unemployment and underemployment, and to promote and encourage employment and the public welfare of, for, and on behalf of the Town by developing, implementing, financing, and providing one or more projects defined and permitted under Section 4B of the Act. The board of directors is composed of seven persons appointed by the members of the Town’s governing board. Four of the members of the board of directors are members of the Town’s governing board. Westlake Academy (Academy) is an open-enrollment charter school, as provided by Subchapter D, Chapter 12, of the Texas Education Code. The Town of Westlake (“Charter Holder”) applied for and  iii became the first municipality in Texas to ever receive this special charter designation. The Academy currently has 485 students and serves Kindergarten thru 12th grade. The Academy will be graduating their first class during the current fiscal year. The Board consists of six (6) trustees and is appointed by the Town’s governing body. Currently, all members of the board of trustees are members of the Town’s governing body. The Academy’s year-end is August 31. Discretely presented component units are legally separate entities and not part of the primary government’s operations. These component units are as follows: Texas Student Housing Authority- Ballpark Austin Project, Texas Student Housing Corporation-The Ridge at North Texas Project, Texas Student Housing Authority-Town Lake Austin Project, Texas Student Housing Authority-College Station Project, and Texas Student Housing Authority. Services Provided The Town provides to its citizens those services that have proven to be necessary and meaningful and which the Town can provide at the least costs. Major services provided under the general government and enterprise functions are: Fire and emergency medical services, water and sewer utility services, park and recreational facilities, street improvements, education and administrative services. Economic Conditions and Outlook The information presented in the financial statements is perhaps best understood when it is considered from the broader of the specific environment within which the Town operates. Local Economy There is no question that Texas, and especially the Fort Worth-Dallas Metroplex, has fared better than most of the country in the current recession. Nonetheless, the Town of Westlake has been affected by the current economic downturn, as have other municipalities across our area, state, and nation. This current economic downturn has negatively affected our Town’s budget due to our heavy reliance on sales tax revenue to fund Town services and our debt obligations. Sales tax can be a very viable revenue source during stable economic times. However, since it is a volitional tax i.e. - paid when someone decides to buy a service or product), during economic down turn it often decreases. We did, however, achieve the following milestones during the fiscal year 2008-2009: Fidelity Regional Headquarters Phase II was completed during the current fiscal year. The construction began during fiscal year 2007 and was completed in fiscal year 2009. This phase includes a new building addition of approximately 600,000 sq. ft. and employees will be moving to this Westlake location in the spring of 2010. The $5.1 Million Westlake Academy Arts & Sciences Center Construction was started and essentially completed The $15 Million Phase I FM 1938 (Precinct Line Road) Project will begin construction Spring of 2010. All right of way has been acquired, and the utility companies have relocated or are in the process of relocating their lines at this time. This is a great achievement for our area to serve Westlake residents and businesses and to become a regional partner for citizens to travel. FM 1938 (Precinct Line Rd) Streetscape Concept Plan was completed  iv During FY 2007-2008 Deloitte selected Westlake as the site for their learning and leadership center, Deloitte University. Zoning, economic development agreements, concept plans, and an off-site development agreement have been approved to move this estimated $300 million project forward and construction began during FY 2008-2009. Oil and Gas Drilling/Production Ordinance was completed and adopted by the Town Council. Stagecoach Hills Subdivision Drainage Improvement project was completed. Terra Bella Residential Subdivision Completed - This 54.7 acre high-end single family subdivision was completed during this fiscal year. It features 28 lots along with 22.6 acres of open space containing approximately one mile of public trails that will connect to public trails in the adjacent Glenwyck Farms neighborhood. Sales tax collections increased by 2% for fiscal year 2009. Approximately 10% of the total revenues received were due to collections based on an economic development agreement and 24% was from audit collections. When comparing “actual” sales tax revenues with fiscal year 2008, there was a decrease of approximately 7%. Long-Term Financial Outlook The Town of Westlake has developed a comprehensive capital improvements document as well as a multi-year strategic plan. Such strategic planning assists both the Council and staff in establishing priorities and allocating resources appropriately. In the Fiscal Year 2009-2010 budget, the “current reality” of the Town of Westlake is as follows: The Town relies primarily on sales tax and one-time permits/fees to fund its operation and debt service costs. Sales tax used to fund General Fund services is declining due to reduced business purchasing activity and at least one significant business which had generated significant sales tax revenue being purchased and closed.  v Retail development that could help increase sales tax revenue has not occurred to date and based on retail industry conditions, is unlikely to occur in the near to medium term. A significant source of sales tax is “situs agreements” that generate sales tax revenue from construction materials purchased for major economic development projects such as Deloitte and Fidelity, however, these sales tax revenues are one-time revenues. Hotel/motel occupancy tax revenue has not grown at an appreciable rate due primarily to decreased business travel, even though the Marriott Solana expanded their room count two years ago. Residential building permits have decreased due to the current economic climate Large building permits from major economic development projects such as Fidelity and Deloitte have helped fund Town services; however, those economic development projects take years to develop and with the payment by Deloitte of its building permits, there are no further such projects even in the preliminary planning stages. Again, these are one-time revenue sources. In FY 05-06 Westlake voters approved dissolving the Towns 4A half cent economic development sales tax and replacing it with a half cent sales tax for “property tax reduction”. This provided $2.2 million that was transferred to the General Fund and significantly increased the fund balance. This funding infusion, while increasing the General Fund’s fund balance, has perhaps masked the volatility and lack of diversity of the Town’s on-going revenue structure. Fixed debt service costs are a significant part of the Town’s cost and were increased in FY 07-08 with the issuance of $2.5 million of general obligation bonds for the new Sam and Margaret Lee Arts & Sciences Center at Westlake Academy. Operating costs have increased to fund Town services, including Westlake Academy, as the Town’s population, as well as the Academy campus and enrollment grow. These costs have also grown due to natural inflationary increases. Funding for capital projects identified in the Town’s Five (5) Year Capital Improvement Plan are inadequate to meet basic general government infrastructure needs for streets, drainage, parks, trails, and public buildings. The Town’s land use plan, and the zoning that implements that land use plan, features corporate office campuses and large lot single family residential as the primary land use pattern that is desired for Westlake. Both of these land uses, particularly the office land use, lend themselves more to creating a strong ad valorem tax base, not a strong sales tax base. Westlake’s certified 2009 taxable assessed valuation in Westlake is $920 million, a large ad valorem tax base for a community 6.2 square miles in land area and a population of 703 residents. Clearly, based on these facts, the Town’s business model, while having worked previously, shows it will no longer work based upon current and projected economic realities and assumptions. Under the Town’s present revenue stream, this business model is not sustainable beyond the next three (3) fiscal years. Realigning this model becomes our critical challenge and choice. Based on our financial forecast, FY 2009-2010 will be a pivotal year for the Town of Westlake. With a conservative revenue forecast, conservative expenditures, and making use of some of the General Fund’s fund balance from the $1.4 Deloitte University building permit (one-time revenue), we can weather the  vi next fiscal year. And, if we make good use of FY 2010-2011 to engage Westlake citizens and businesses in a conversation and dialogue regarding the choices in front of us, then FY 2010-2011 will be the time where we can begin to position ourselves to achieve our strategic outcome of financial sustainability. Users of this document, as well as others interested in the programs and services offered by the Town of Westlake, are encouraged to read the Town's Fiscal Year 2009-2010 Budget. The budget details the Town's long-term goals and financial policies, and describes program accomplishments and initiatives. Other Information Certificate of Achievement The Government Finance Officers Association of the United States of America and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the Town of Westlake for its comprehensive annual financial report (CAFR) for the fiscal year ended September 30, 2008. This was the second year the Town has received this prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current comprehensive annual financial report (CAFR) continues to meet the Certificate of Achievement Program's requirements and we are submitting it to GFOA to determine its eligibility for another certificate. In addition, the government also received their second GFOA Distinguished Budget Presentation Award for its annual budget document for the fiscal year beginning October 1, 2008. In order to qualify for the Distinguished Budget Presentation Award, the Town’s budget document had to be judged proficient as a policy document, a financial plan, an operations guide, and a communications device. Acknowledgements The preparation of this report could not be accomplished without the efficient and dedicated services of the entire staff of the Finance Department. Appreciation is expressed to Town employees throughout the organization, especially those employees who were instrumental in the successful completion of this report. The staff would also like to thank the Mayor and Town Council for their conservative leadership and their support in planning and conducting the financial operations of the Town in a responsible and progressive manner. Respectfully Submitted, Tom Brymer Debbie Piper, CPA Town Manager Finance Director Certificate of Presented to Town of Westlake For its Comprehensive Annual September 30, 2008 President Executive Director Financial Report for the Fiscal Year Ended Reporting in Financial for Excellence Achievement Text38:Texas A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting.                                                          Citizens of Westlake  Mayor and Council Members Executive   Manager  Texas Student  Housing  Town  Attorney  I.T. Staff Assistant to the  Town Manager  Town   Marshal  Deputy   Clerks  Finance  Assistant  Records &  Revenue Clerk  Town           Manager  Administrative  Coordinator  Registrar  Receptionist A/P Clerk Dining Hall Nurse  Head of  Primary  Head of   Secondary  Town of  Westlake  Organizational  Chart  Municipal  Court  Finance   Department  Planning and  Development  Facilities and  Maintenance  Parks and  Recreation  Utility and   Building Tech  Fire and  EMS Staff  Public   Works  Interim Fire   Chief  PYP Coordinator PYP Teachers PYP Counselors PYP Special Ed.        Librarian  MYP/DP  Coordinator  MYP/DP  Teachers  MYP/DP  Special Ed.  MYP/DP  Counselors  Town           Secretary  Administrative  Services/HR  ix TOWN OF WESTLAKE ELECTED OFFICIALS AND APPOINTED OFFICIALS September 30, 2009       ELECTED OFFICIALS Mayor LAURA WHEAT Mayor Pro-Tem LARRY CORSON Council Member TIM BRITTAN Council Member CAROL LANGDON Council Member RICK RENNHACK Council Member REBECCA ROLLINS   APPOINTED OFFICIALS TOM BRYMER Town Manager STAN LOWRY KELLY EDWARDS, TRMC Town Attorney Town Secretary DEBBIE PIPER, CPA GINGER AWTRY Finance Director Assistant to the Town Manager AMANDA DeGAN EDDIE EDWARDS Municipal Court Administrator Director of Planning and Development JARROD GREENWOOD RICHARD WHITTEN Director of Public Works Interim Fire Chief TROY MEYER TODD WOOD, SPHR, IPMA-CP Facilities Director Director of Human Resources Parks/Recreation Director and Administrative Services FINANCIAL SECTION 115 SOUTH CHURCH STREET g HILLSBORO, TX 76645 g (254) 582-2583 g FAX: (254) 582-5731 g www.pbhcpa.com AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544-7778 g TEMPLE, TX (254) 791-3460 g WACO, TX (254) 772-4901 WHITNEY, TX (254) 694-4600g ALBUQUERQUE, NM (505) 266-5904 INDEPENDENT AUDITOR’S REPORT To the Honorable Mayor and Town Council Town of Westlake, Texas We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate discretely presented component units of the Town of Westlake, Texas (the “Town”), as of and for the year ended September 30, 2009, which collectively comprise the Town’s basic financial statements as listed in the table of contents. These financial statements are the responsibility of the Town’s management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate discretely presented component units of the Town of Westlake, Texas, as of September 30, 2009, and the respective changes in financial position and cash flows, where applicable, for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have issued a report dated March 10, 2010, on our consideration of the Town’s internal control over financial reporting and our tests of compliance with certain provisions of laws, regulations, contracts, grants and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. 1 MANAGEMENT’S DISCUSSION AND ANALYSIS 3 MANAGEMENT’S DISCUSSION AND ANALYSIS The Town of Westlake is pleased to present this overview and analysis of the financial activities of the Town for the fiscal year ended September 30, 2009. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found in the introductory section of this report. FINANCIAL HIGHLIGHTS ƒ The assets of the Town exceeded its liabilities at the close of the most recent fiscal year by $24,531,396 (net assets). This number must be viewed in the context that the vast majority of the Town’s net assets of $20,593,721 (84%) are capital assets and that most capital assets in government do not directly generate revenue nor can they be sold to generate liquid capital. Those net assets restricted for specific purposes totaled $1,773,068 (7%). The remaining $2,164,607 (9%) are unrestricted net assets and may be used to meet the government’s ongoing obligations to citizens and creditors in accordance with the Town’s fund designation and fiscal policies. ƒ At of the close of the current fiscal year, the Town of Westlake’s governmental funds reported combined ending fund balances of $6,238,839, a decrease of $2,995,465 in comparison with the prior year. Within this total, $1,773,068 is restricted or designated by management or council. ƒ At the end of the current fiscal year, fund balance for the general fund was $2,725,312, a decrease of $81,426 in comparison with the prior year. Of this total fund balance, $2,532,207 is unreserved. This represents 60% of total general fund expenditures and is equivalent to 220 operating days. ƒ The Town’s capital assets (net of accumulated depreciation) increased by $5,145,098 which is primarily attributed to the acquisition of land, equipment, construction of infrastructure and buildings, and construction in progress. ƒ The Town’s bonds payable decreased by $515,000 or 2.4%, due to the scheduled repayment of principal on outstanding bonded debt. The Town did not issue any new bonded debt during the fiscal year. OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis are intended to serve as an introduction to the Town’s basic financial statements. The Town’s basic financial statements comprise three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains supplementary information in addition to the basic financial statements themselves. Government-wide financial statements The government-wide financial statements are designed to provide readers with a broad overview of the Town’s finances, in a manner similar to a private-sector business. The government-wide financial 4 statements are prepared utilizing the economic resources measurement focus and the accrual basis of accounting. The statement of net assets presents information on all of the Town’s assets and liabilities with the difference between the two reported as net assets. Over time, increases or decreases in the Town’s net assets serve as a useful indicator of whether the financial position of the Town is improving or weakening. The statement of activities presents information showing how the government’s net assets changed during the most recent fiscal year. All of the revenues and expenses are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. Both of the government-wide financial statements distinguish functions of the Town that are principally supported by sales taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the Town include general government, public safety, culture and recreation, economic development, public works, visitor services and education. The business-type activities of the Town include water/sewer and cemetery. The government-wide financial statements include not only the Town (known as the primary government), but also discretely presented component units including all of the Texas Student Housing entities. Financial information for these component units is reported separately from the financial information presented for the primary government itself. See pages 25-28 of the “Financial Section” for detail on these entities. In addition, the Town has the following blended component units: Lone Star Public Facility Corporation, 4B Economic Development Corporation, and Westlake Academy, an open enrollment charter school owned and operated by the Town of Westlake. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The Town, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Below are the three types of funds. The Town had only “Governmental funds and Proprietary funds” for the year ended September 30, 2009. Governmental funds - Governmental funds are used to account for essentially the same functions reported as government activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government’s near-term financial requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, the reader may better understand the long-term impact of the government’s near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement 5 of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The Town maintains ten individual governmental funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the General, Visitors Association, Westlake Academy, Debt Service, Capital Projects, FM 1938, Property Tax Reduction, Lone Star Public Facility Corporation, Westlake 4B Economic Development Corporation and Vehicle/Equipment Replacement funds, all of which are presented as major funds. The Town adopts an annual appropriated budget for all funds, except the Capital Projects fund which is a project-length based budget. A budgetary comparison statement has been provided for all appropriate funds to demonstrate compliance with this budget. The basic governmental fund financial statements can be found on pages 16-21 of this report. Proprietary funds - There are two types of proprietary funds, Enterprise Funds and Internal Service Funds. An Enterprise Fund is the only proprietary fund currently maintained by the Town. Enterprise funds are used to report the same functions presented as business-type activities in the government- wide financial statements. The Town uses enterprise funds to account for its water and sewer activities and its cemetery activities. All activities associated with providing such services are accounted for in this fund, including administration, operation, maintenance, debt service, capital improvements, billing and collection. The Town’s intent is that costs of providing the services to the general public on a continuing basis is financed through user charges in a manner similar to a private enterprise. The Town has no Internal Service Funds (fund to report activities that provide supplies and services for the Town’s other programs and activities, i.e. self insurance and fleet management.) The basic proprietary fund financial statements can be found on pages 22 - 24 on this report. Fiduciary funds - Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statements because the resources of those funds are not available to support the Town’s own programs. The accounting used for fiduciary funds is similar to the accounting used for proprietary funds. The Town of Westlake does not currently have any fiduciary funds. Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements can be found on pages 29 - 64 of this report. Other information. In addition to the basic financial statements and accompanying notes, this report also presents schedules that further support the information in the financial statements. The schedules are presented immediately following the notes to the financial statements and can be found on pages 65 - 74. 6 GOVERNMENT-WIDE FINANCIAL ANALYSIS As noted earlier, net assets may serve over time as a useful indicator of the government’s financial position. In the case of the Town, assets exceeded liabilities by $24,531,396 at the close of the most recent fiscal year. The largest portion of the Town’s net assets, $20,593,721 (84%), reflects its investment in capital assets (e.g. land, buildings, equipment, improvements, construction in progress, and infrastructure), less any debt used to acquire capital assets still outstanding. The Town uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the Town’s investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the Town’s net assets, $1,773,068 (7%), represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net assets, $2,164,607 (9%), may be used to meet the government’s ongoing obligations to citizens and creditors. Condensed Statement of Net Assets Governmental activities: Governmental activities increased the Town’s net assets by $2,973,685. Net assets invested in capital assets, net of related debt increased by $2,930,946 primarily due to the addition of approximately $300 thousand for building improvements and machinery/equipment, and $2,059,624 increase in land due to the contribution of Terra Bella open space and right of way related to FM 1938. Governmental Activities Business-type Activities Totals 2009 2008 2009 2008 2009 2008 Current and other assets $ 7,594,613 $ 10,728,885 $ 1,726,542 $ 1,394,559 $ 9,321,155 $ 12,123,444 Capital assets 33,197,958 27,646,486 13,083,223 13,489,597 46,281,181 41,136,083 Total Assets 40,792,571 38,375,371 14,809,765 14,884,156 55,602,336 53,259,527 Long-term liabilities outstanding 19,721,208 20,233,906 5,658,888 5,698,939 25,380,096 25,932,845 Other liabilities 1,943,421 1,987,208 3,747,423 3,455,922 5,690,844 5,443,130 Total Liabilities 21,664,629 22,221,114 9,406,311 9,154,861 31,070,940 31,375,975 Net Assets: Invested in capital assets, net of related debt 13,244,689 10,313,743 7,349,032 7,726,576 20,593,721 18,040,319 Restricted 1,773,068 2,004,763 - - 1,773,068 2,004,763 Unrestricted 4,110,185 3,835,751 (1,945,578) (1,997,281) 2,164,607 1,838,470 Total Net Assets $ 19,127,942 $ 16,154,257 $ 5,403,454 $ 5,729,295 $ 24,531,396 $ 21,883,552 7 Change in Net Assets Governmental Activities Business-type Activities Totals 2009 2008 2009 2008 2009 2008 Revenues: Program revenues: Fees, fines and charges for services $ 1,478,234 $ 1,581,684 $ 2,345,236 $ 2,039,406 $ 3,823,470 $ 3,621,090 Operating grants and contributions 1,522,935 1,296,378 - - 1,522,935 1,296,378 Capital grants and contributions 2,059,624 - - 169,034 2,059,624 169,034 General revenues: Taxes Sales taxes 3,664,409 3,590,575 - - 3,664,409 3,590,575 Hotel occupancy taxes 497,769 527,662 - - 497,769 527,662 Mixed beverage taxes 17,869 16,177 - - 17,869 16,177 Franchise taxes 624,401 649,108 - - 624,401 649,108 Unrestricted grants 2,960,590 2,500,817 - - 2,960,590 2,500,817 Interest on investments 61,224 188,459 7,858 32,103 69,082 220,562 Miscellaneous 568,782 564,973 77,266 44,071 646,048 609,044 Total revenues 13,455,837 10,915,833 2,430,360 2,284,614 15,886,197 13,200,447 Expenses: General government 2,203,882 2,031,460 - - 2,203,882 2,031,460 Public safety 1,939,441 1,795,782 - - 1,939,441 1,795,782 Culture and recreation 115,770 129,641 - - 115,770 129,641 Economic development 207,044 473,451 - - 207,044 473,451 Public works 1,028,934 1,013,804 - - 1,028,934 1,013,804 Visitor services 341,270 312,777 - - 341,270 312,777 Education 3,722,705 3,305,220 - - 3,722,705 3,305,220 Interest on long-term debt 1,068,935 991,184 - - 1,068,935 991,184 Water and sewer - - 2,694,407 2,410,765 2,694,407 2,410,765 Cemetery - - 473 13,299 473 13,299 Total expenses 10,627,981 10,053,319 2,694,880 2,424,064 13,322,861 12,477,383 Excess (deficiency) before transfers 2,827,856 862,514 (264,520) ( 139,450) 2,563,336 723,064 Transfers 61,321 220,819 (61,321) ( 220,819) - - Change in net assets 2,889,177 1,083,333 (325,841) ( 360,269) 2,563,336 723,064 Prior period adjustment 84,508 398,967 - - 84,508 398,967 Net assets, beg. of year 16,154,257 14,671,957 5,729,295 6,089,564 21,883,552 20,761,521 Net assets, end of year $ 19,127,942 $ 16,154,257 $ 5,403,454 $ 5,729,295 $ 24,531,396 $ 21,883,552 Total revenues (including transfers) for governmental activities increased when compared to the prior year by $2,380,506. General revenue had an increase of $357,273 while program revenues had an increase of $2,182,731. These increases were primarily due to the following factors: Program revenues - Charges for services decreased by $103,450; Operating Grants and Contributions increased by $226,557 and Capital Grants and Contributions increased by $2,059,624 which was made up of the conveyance of Terra Bella open space and FM 1938 right of way. General revenues - Sales tax increased by $73,834. This increase was made up of the following components: decrease in “actual” sales taxes of $187,878, decrease of $534,035 in our economic development revenue, and an increase of $795,747 in audit collections; Hotel occupancy taxes 8 decreased by $29,893; Franchise tax decreased by $24,707; Unrestricted grants related to the Academy increased $459,773 due to the addition of students; Interest income decreased by $127, 235 due to decrease in rates as well as decrease in investments due to the completion of the Arts & Sciences Center; and Miscellaneous increased by $3,809. Expenses - Total expenses for governmental activities increased by $574,662 or approximately 6%. The components of this increase are as follows: • General Government increase of $172,422 – major portion of this was payroll; Town manager was here for 12 months in FY 2009 and only 5 months in FY 2008 • Public safety increase of $143,659 - Payroll expense • Economic development decrease of $266,407 based on a contractual obligation reimbursement. The project was nearing completion during the current fiscal year; therefore, payment was not as much as in prior year. • Visitor services increase of $28,493 – mostly due to contracted services with a Public Relations firm • Education increase of $417,485 due to more state funding based on the additional students attending the Academy when one additional grade was added • Interest on long-term debt increase of $77,751 Business-type activities: Business-type activities decreased the Town’s net assets by $325,841. Expenses exceeded revenues by $264,520 based on the following: additional accounts related to water/sewer as well as additional water/sewer revenue due to a dryer summer during the current fiscal year attributed to an increase in revenue of $145,746 in charges for services but expenses also increased $270,816 of which $221,111 was attributed to bad debt expense related to several accounts. FINANCIAL ANALYSIS OF THE TOWN’S FUNDS As noted earlier, the Town uses fund accounting to ensure and demonstrate compliance with finance- related legal requirements. Governmental funds. The focus of the Town’s governmental funds is to provide information on near- term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the Town’s financing requirements. In particular, unreserved fund balance may serve as a useful measure of a town’s net resources available for spending at the end of the fiscal year. At the end of the current fiscal year, the Town’s governmental funds reported combined ending fund balances of $6,238,839 a decrease of $2,995,465 in comparison with the prior year. See below for the major reasons for this decrease: General Fund - Fund balance decreased by $81,426. Transfers to other operating funds totaled $278,417. See page 58 of the “Notes to the Financial Statements” for detailed information. Visitors Association Fund - The net decrease in fund balance of $206,208 was due primarily to the budgeted transfer out to the Debt Service Fund. Capital Projects Fund – The net decrease in fund balance is $2,910,462. The major portion of the decrease was due to the completion of the Arts & Sciences Center. 9 Property Tax Reduction Fund – Fund balance increased by $562,369. This fund represents ½ cent in sales tax revenues and is used to supplement various funds. Funds were transferred from this account to General Fund and Capital Projects for FY 2009. Debt service payments were supplemented from the Visitors Association Fund for FY 2009 when in prior years the Property Tax Reduction Fund supplemented these payments. 4B Economic Development Corporation Fund – Fund balance decreased by $215,485. $1,132,726 was transferred to debt service for the annual bond payments. Proprietary funds. The Town’s proprietary fund statements provide the same type of information found in the government-wide financial statements but in more detail. General Fund Budgetary Highlights The General Fund budget was amended in total to increase the net change in fund balance from $58,305 to $1,147,749 a total of $1,089,444. • Net revenues were increased by $910,799 (19%). A portion of this is attributed to the increase of $937,395 in building permits and fees because fees were recalculated with actual numbers based on a large project with the remaining decrease of $26,596 being the net effect of several amendments to revenue accounts. • Expenditures were decreased by $299,930 (6%) of which $289,453 was due to construction not beginning on Deloitte University when anticipated. • Transfers out were increased by $141,285 (87%) of which $149,185 represented restricted funds that were transferred to the Capital Projects Fund. The general fund’s actual revenue collections fell short of the estimated by $1,606,012 million with the major variance being the building permits & fees unfavorable variance of $1,698,873 which was due to the fact a large payment was anticipated prior to year-end which wasn’t received until FY 2010. Actual year-end expenditures were $385,470 less that the revised budget total. The major variances included $85,000 because the EMS was not fully staffed throughout the year, $57,000 for building repairs not needed during FY 2009, $44,000 in building inspections and $42,000 in public works engineering. Capital Assets and Debt Administration Capital Assets. The Town’s investment in capital assets for its governmental and business-type activities as of September 30, 2009, totaled $46,281,181 (net of accumulated depreciation). The investment in capital assets includes land, buildings, improvements, machinery and equipment, infrastructure, and construction in progress. The net increase in the Town’s investment in capital assets for the current fiscal year was $5,145,098 or 12% Major capital asset events occurring during the current fiscal year included the following: • Developers contributed $1,198,465 in open space • $861,159 right of way was conveyed to the Town • Arts & Sciences Center was completed and capitalized at $4,468,406 • Capital assets additions for governmental operations included, but are not limited to, audio visual equipment for court/council chambers and Arts & Sciences Center totaled $93,940 • Furniture and fixture additions of $153,994 for the Arts & Sciences Center 10 • $55,000 was expensed to complete a portion of the Glenwyck Farms trail extension • Capital asset additions for business-type activities included, but are not limited to, purchase of water taps, a generator and the automation of water meters. Capital Assets (Net of Accumulated Depreciation) Governmental Activities Business-type Activities Total 2009 2008 2009 2008 2009 2008 Land $ 11,530,663 $ 9,386,531 $ - $ - $ 11,530,663 $9,386,531 Capital improvements 1,839,904 1,969,796 10,313,923 10,616,292 12,153,827 12,586,088 Buildings 18,864,812 14,821,758 - - 18,864,812 14,821,758 Machinery & equipment 827,309 837,080 2,425,234 2,458,349 3,252,543 3,295,429 W/W treatment rights - - 344,066 375,826 344,066 375,826 Information/Technology - 17,476 - - - 17,476 Construction in progress 135,270 613,845 - 39,130 135,270 652,975 Total capital assets $ 33,197,958 $ 27,646,486 $ 13,083,223 $ 13,489,597$46,281,181 $ 41,136,083 Additional information on the Town’s capital assets can be found in Note III on pages 42-43 of this report. Long-term debt - At the end of the current fiscal year, the Town had total long-term debt outstanding of $26,051,136. Of this amount, $20,710,000 represents bonded indebtedness, $201,402 economic development reimbursement; $46,559 represents capital leases, and $5,734,191 business-type debt. During the fiscal year 2008-2009, the Town’s total debt decreased by $491,063. This decrease is primarily attributed to the principal payments on the bonded indebtedness and the lease of Apple computers for Westlake Academy. Standard & Poor’s Ratings Services, a division of the McGraw-Hill, Inc. rates the Town’s debt at AA-. Additional information about the rating agency or the significance of the rating provided may be obtained from each Standard & Poor’s web site. Additional information on the Town’s long-term debt can be found in Note III on pages 47-50. Governmental Activities Business-type Activities Total 2009 2008 2009 2008 2009 2008 General obligation bonds $ 9,735,000 $ 9,850,000 $- $- $ 9,735,000 $9,850,000 Certificates of obligation 10,975,000 11,375,000 - - 10,975,000 11,375,000 Contractual obligations 201,402 224,265 5,734,191 5,763,022 5,935,593 5,987,287 Capital leases 46,559 15,264 - - 46,559 15,264 Deferred amounts (641,016) (685,352) - - (641,016) (685,352) Total long-term debt $ 20,316,945 $ 20,779,177 $5,734,191 $ 5,763,022 $ 26,051,136 $26,542,199 ECONOMIC FACTORS AND NEXT YEAR’S BUDGETS The Town continues its conservative budget approach in fiscal year 2009-2010. Due to the continued uncertainty of commercial development in Westlake, there will be a continued emphasis of maintaining basic service levels without implementing a property tax. This philosophy has enabled Westlake staff to prioritize short and mid-term goals according to available resources. 11 GENERAL FUND • Revenue budget has decreased from the final 2009 audited revenues by approximately $629 thousand. The larger items contributing to this include: o A decrease of $355 thousand in building permits and inspection plan reviews with a major portion of this being due to housing start reduction of approximately 60%. o A decrease of $70 thousand in development fees based on a reduction of anticipated development activity. o A reduction in estimated sales tax revenues of approximately $249 thousand based on analysis and the fact that a $350 thousand audit (General Fund’s 1% portion) was received in the FY 2009. We are anticipating approximately $452 thousand based on an economic development agreement for FY 2010. • Payroll amounts available for appropriation are $1.96 million, a decrease of approximately $48 thousand from the fiscal year audited expenditures of $2.0 million. The larger items contributing to this include: o A decrease of $40 thousand in Fire/Emergency Department due to moving a Lieutenant to Interim Fire Chief and not hiring a Director of Public Safety. • Operating Expenditure amounts available for appropriation are $2.6 million, an increase of approximately $496 thousand from the fiscal year audited expenditures of $2.1 million. The larger items contributing to this include: o An increase of $452 thousand in Economic Development for Deloitte. Construction began and the Town is anticipating this one-time expenditure for FY 2010. o An increase of $25 thousand in Planning and Development consultant fees due to the Deloitte construction. o An increase of $17 thousand in Public Works engineering fees. VISITORS ASSOCIATION FUND • Revenue budget has decreased from the final 2009 audited revenues by approximately $62 thousand. The larger items contributing to this include: o A decrease of $47.7 thousand in hotel tax revenues. We had budgeted this revenue to be flat based on FY 2009 budget of $450K but received $47.7 more than anticipated during FY 2009. o A reduction in Arbor Day income of $4.7 thousand. This amount is offset by a decrease in anticipated expenditures. This reduction is due to the timing of the event. One event was held on October 4, 2008 and another on September 26, 2009; therefore, the revenues and expenditures were based on two events instead of one for FY 2009. FY 2010’s event will be held September 25, 2010. o A reduction in Historical Board income of $7.1 thousand. This was the first year for the sale of the history book; therefore, sales will subside in subsequent years. o A reduction in interest earned of $4.1 thousand because of current interest rates and the reduction of cash funds due to the supplemental payment of bonds in the prior fiscal year. • Payroll amounts available for appropriation are $182 thousand, an increase of approximately $48 thousand from the fiscal year audited expenditures of $134 thousand. The larger items contributing to this include: o Addition of administrative assistant to Facilities and Human Resources departments with a portion of the payroll being allocated to Visitors Association Fund. o Increase of allocation for the Finance Department personnel based on percentage of time spent related to this fund. 12 • Operating Expenditure amounts available for appropriation are $242 thousand, an increase of approximately $35 thousand from the fiscal year audited expenditures of $206 thousand. The larger items contributing to this include: o An increase of $60 thousand in Marriott Marketing/Transportation - no funds were requested or expended in the prior year. o A decrease of $29 thousand in Historical Board expenditures – purchase of history books in the prior year. • Transfers out have decreased by $170 thousand due to a portion of the debt service payment for the Westlake Academy facility being made from this fund in FY 2009 and not allocated during FY 2010. The current year anticipates a transfer out of $100K for capital. UTILITY FUND • Revenue budget has increased from the final 2009 audited revenues by approximately $103 thousand. The larger items contributing to this include: o An increase of $135 thousand in water revenue based on trend of previous years. o A decrease of $37 thousand in sewer revenue based on projected revenue at time of budget preparation; budget will be amended to increase this amount based on more current revenue received. • Payroll amounts available for appropriation are $224 thousand, an increase of approximately $27 thousand from the fiscal year audited expenditures of $196 thousand. The larger items contributing to this include: o Addition of administrative assistant to Facilities and Human Resources departments with a portion being allocated to the Utility Fund. o Increase of allocation for Finance Department personnel based on percentage of time spent on utility related business. • Operating Expense amounts available for appropriation are $1.9 million, an increase of approximately $500 thousand from the fiscal year. The larger items contributing to this include: o An increase of $148 thousand in TRA Wastewater treatment due to unit cost increase per TRA documentation (new bond sale). o An increase of $300,583 thousand in water purchases and peak payments based on historical trends. • Capital Projects budget increased approximately $500 thousand due to the following projects: N-1 Sewer line inflow & infiltration repairs and transfer and Stagecoach Hills waterline connection. CONTACTING THE TOWN’S FINANCE DEPARTMENT This financial report is designed to provide our citizens, customers, and investors and creditors with a general overview of the Town’s finances and to demonstrate the Town’s accountability for the money it receives. If you have questions about this report or need additional financial information, contact Debbie Piper, Town of Westlake Finance Director, at 817-490-5712. BASIC FINANCIAL STATEMENTS Discretely Governmental Business-type Presented ActivitiesActivitiesTotalComponent Units ASSETS Cash and cash equivalents 5,556,288$ 1,267,660$ 6,823,948$ 4,818,239$ Accounts receivables (net of allowance)1,270,576 582,090 1,852,666 884,516 Internal balances339,179 339,179)( - - Inventories - 99,371 99,371 - Other assets26,054 - 26,054 94,180 Restricted cash and cash equivalents 38,840 116,600 155,440 6,305,234 Deferred charges 363,676 - 363,676 - Capital assets: Land 11,530,663 - 11,530,663 12,070,678 Buildings and improvements 25,555,631 12,853,855 38,409,486 98,734,855 Wastewater treatment rights - 635,199 635,199 - Machinery and equipment 2,253,673 3,459,821 5,713,494 5,059,730 Construction in progress 135,270 - 135,270 - Less: accumulated depreciation 6,277,279)( 3,865,652)( 10,142,931)( 28,458,282)( Total capital assets 33,197,958 13,083,223 46,281,181 87,406,981 Intangible assets: Debt issue costs, net of amortization - - - 4,156,791 Total assets 40,792,571 14,809,765 55,602,336 103,665,941 LIABILITIES Accounts payable 928,086 99,376 1,027,462 3,510,741 Customer deposits payable - 125,540 125,540 - Unearned revenue - 438,052 438,052 3,971,284 Accrued interest payable 419,598 3,009,152 3,428,750 11,876,396 Noncurrent liabilities: Due within one year 595,737 75,303 671,040 62,181,016 Due in more than one year 19,721,208 5,658,888 25,380,096 56,631,792 Total liabilities 21,664,629 9,406,311 31,070,940 138,171,229 NET ASSETS Invested in capital assets, net of related debt 13,244,689 7,349,032 20,593,721 29,945,827)( Restricted for: Debt service - - - 4,076,156)( Tourism 1,244,946 - 1,244,946 - Future projects 361,857 - 361,857 - Court security and technology 154,265 - 154,265 - Capital expenses 12,000 - 12,000 - Unrestricted 4,110,185 1,945,578)( 2,164,607 483,305)( Total net assets 19,127,942$ 5,403,454$ 24,531,396$ 34,505,288)$( The accompanying notes are an integral part of these financial statements. TOWN OF WESTLAKE, TEXAS STATEMENT OF NET ASSETS SEPTEMBER 30, 2009 Primary Government 13 Operating Capital Charges forGrants andGrants and Functions/Programs ExpensesServices ContributionsContributions Primary government: Governmental activities: General government 2,203,882$ 677,948$ 886,400$ 1,198,465$ Public safety 1,939,441 107,634 - - Culture and recreation 115,770 - - - Economic Development 207,044 - - - Public works 1,028,934 594,338 377,862 861,159 Visitor Services 341,270 - - - Education 3,722,705 98,314 258,673 - Interest on long-term debt 1,068,935 - - - Total governmental activities 10,627,981 1,478,234 1,522,935 2,059,624 Business-type activities: Water utilities2,694,407 2,345,236 - - Cemetery 473 - - - Total business-type activities 2,694,880 2,345,236 - - Total primary government 13,322,861$ 3,823,470$ 1,522,935$ 2,059,624$ Component units: Business-type activities 24,479,122$ 18,141,164$ -$ -$ Total component units 24,479,122$ 18,141,164$ -$ -$ General revenues: Sales taxes Hotel occupancy taxes Mixed beverage taxes Franchise taxes Unrestricted grants Realized gain on liquidation Interest income Miscellaneous Transfers Total general revenues and transfers Change in net assets Net assets, beginning Prior period adjustment Net assets, ending The accompanying notes are an integral part of these financial statements. TOWN OF WESTLAKE, TEXAS STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 Program Revenues 14 Discretely GovernmentalBusiness-type Presented ActivitiesActivitiesTotalComponent Units 558,931$ -$ 558,931$ -$ 1,831,807)( - 1,831,807)( - 115,770)( - 115,770)( - 207,044)( - 207,044)( - 804,425 - 804,425 - 341,270)( - 341,270)( - 3,365,718)( - 3,365,718)( - 1,068,935)( - 1,068,935)( - 5,567,188)( - 5,567,188)( - - 349,171)( 349,171)( - - 473)( 473)( - - 349,644)( 349,644)( - 5,567,188)( 349,644)( 5,916,832)( - 6,337,958)$( 6,337,958)$( 3,664,409 - 3,664,409 - 497,769 - 497,769 - 17,869 - 17,869 - 624,401 - 624,401 - 2,960,590 - 2,960,590 - - - - 9,571,664 61,224 7,858 69,082 90,101 568,782 77,266 646,048 - 61,321 61,321)( - - 8,456,365 23,803 8,480,168 9,661,765 2,889,177 325,841)( 2,563,336 3,323,807 16,154,257 5,729,295 21,883,552 37,829,095)( 84,508 - 84,508 - 19,127,942$ 5,403,454$ 24,531,396$ 34,505,288)$( Primary Government Changes in Net Assets Net (Expense) Revenue and 15 Debt VisitorsWestlakeService General Association Academy Fund ASSETS: Cash and cash equivalents 2,067,774$ 721,419$ 498,726$ -$ Receivables Accounts receivable 535,917 76,626 116,593 - Due from other funds 381,114 462,848 - - Other assets3,418 - 22,636 - Restricted cash and investments 38,840 - - - TOTAL ASSETS 3,027,063$ 1,260,893$ 637,955$ -$ LIABILITIES AND FUND BALANCE: Liabilities: Accounts payable 255,922 7,397 133,302 - Due to other funds 45,829 8,550 - - Total liabilities 301,751 15,947 133,302 - Fund Equity: Fund balance Reserved to promote tourism - 1,244,946 - - Reserved for future projects 38,840 - - - Reserved for court security and technology 154,265 - - - Reserved for capital expenditures - - - - Unreserved and undesignated 2,532,207 - 504,653 - Total fund equity 2,725,312 1,244,946 504,653 - TOTAL LIABILITIES AND FUND EQUITY 3,027,063$ 1,260,893$ 637,955$ -$ Capital assets used in governmental activities are not financial resources and, therefore, are not reported in th funds. Long-term liabilities are not due and payable in the current period and therefore are not reported in the fund Certain other long-term assets are not available to pay current period expenditures and therefore are no reported in the funds Net assets of governmental activities The accompanying notes are an integral part of these financial statements TOWN OF WESTLAKE, TEXAS BALANCE SHEET GOVERNMENTAL FUNDS SEPTEMBER 30, 2009 16 Property Lone Star 4B Economic Vehicle/Equip.Total CapitalFM 1938Tax Reduction Public Facility Development Replacement Governmental Projects Fund Fund Corporation Corporation Fund Funds 707,981$ 8$ 1,243,056$ 13,569$ 253,755$ 50,000$ 5,556,288$ - 126,900175,264 - 175,264 - 1,206,564 83,02225,814- - 297,30812,0001,262,106 - - - - - - 26,054 - - - - - - 38,840 791,003$ 152,722$ 1,418,320$ 13,569$ 726,327$ 62,000$ 8,089,852$ 378,751152,714 - - - - 928,086 89,243 - 350,286 - 429,019 - 922,927 467,994 152,714 350,286 - 429,019 - 1,851,013 - - - - - - 1,244,946 323,009 8 - - - - 361,857 - - - - - - 154,265 - - - - - 12,000 12,000 - - 1,068,034 13,569 297,308 50,000 4,465,771 323,009 8 1,068,034 13,569 297,308 62,000 6,238,839 791,003$ 152,722$ 1,418,320$ 13,569$ 726,327$ 62,000$ 33,197,958 20,372,867)( 64,012 19,127,942$ 17 VisitorsWestlake General Association Academy REVENUES: Taxes Sales1,832,205$ -$ -$ Mixed beverage 17,869 - - Hotel occupancy - 497,769 - Franchise 624,401 - - State program revenues - - 3,163,129 Federal program revenues - - 56,134 Interest income 21,155 7,835 4,617 Building permits and fees 848,697 - - Fines and penalties 523,515 - - Contributions 38,840 - - Miscellaneous 98,242 34,019 534,375 Total revenues 4,004,924 539,623 3,758,255 EXPENDITURES: Current General government 1,519,600 - - Public safety 1,890,469 - - Culture and recreation 115,770 - - Public works 378,508 - - Economic Development 229,907 - - Visitor services - 341,270 - Education - - 3,722,705 Capital outlay 62,278 - - Debt service Principal retirement - - 78,937 Interest and other fiscal charges - - 4,054 Total expenditures 4,196,532 341,270 3,805,696 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 191,608)( 198,353 47,441)( OTHER FINANCING SOURCES (USES) Transfers in 388,599 - - Issuance of debt - - 117,640 Transfers out 278,417)( 404,561)( 200,000)( Total other financing sources (uses)110,182 404,561)( 82,360)( NET CHANGE IN FUND BALANCES 81,426)( 206,208)( 129,801)( FUND BALANCES, BEGINNING 2,806,738 1,451,154 634,454 FUND BALANCES, ENDING 2,725,312$ 1,244,946$ 504,653$ The accompanying notes are an integral part of these financial statements. TOWN OF WESTLAKE, TEXAS STATEMENT OF REVENUES, EXPENDITURES AND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS 18 Debt Property Vehicle/Equip.Lone Star Service Capital FM 1938Tax Reduction Replacement Public Facility Fund Projects Fund Fund Fund Corporation -$ -$ -$ 916,102$ -$ -$ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 21,640 - 4,728 - 110 - - - - 12,000 - - - - - - - - 864,484 360,938 - - - - 6,764 - - - - - 892,888 360,938 920,830 12,000 110 - - - - - - - - - - - - - - - - - - - - 463,314 - - - - - - - - - - - - - - - - - - - - - - 4,270,882 - - 1,954 - 515,000 - - - - - 986,587 - - - - - 1,501,587 4,270,882 463,314 - 1,954 - 1,501,587)( 3,377,994)( 102,376)( 920,830 10,046 110 1,501,587 467,532 25,814 - 51,954 - - - - - - - - - - 358,461)( - - 1,501,587 467,532 25,814 358,461)( 51,954 - - 2,910,462)( 76,562)( 562,369 62,000 110 - 3,233,471 76,570 505,665 - 13,459 -$ 323,009$ 8$ 1,068,034$ 62,000$ 13,569$ 19 4B Economic Total Development Governmental Corporation Funds REVENUES: Taxes Sales 916,102$ 3,664,409$ Mixed beverage - 17,869 Hotel occupancy - 497,769 Franchise - 624,401 State program revenues - 3,163,129 Federal program revenues - 56,134 Interest income 1,139 61,224 Building permits and fees - 860,697 Fines and penalties - 523,515 Contributions - 1,264,262 Miscellaneous - 673,400 Total revenues 917,241 11,406,809 EXPENDITURES: Current General government - 1,519,600 Public safety - 1,890,469 Culture and recreation - 115,770 Public works - 841,822 Economic Development - 229,907 Visitor services - 341,270 Education - 3,722,705 Capital outlay - 4,335,114 Debt service Principal retirement - 593,937 Interest and other fiscal charges - 990,641 Total expenditures - 14,581,235 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 917,241 3,174,426)( OTHER FINANCING SOURCES (USES) Transfers in - 2,435,486 Issuance of debt - 117,640 Transfers out (1,132,726) 2,374,165)( Total other financing sources (uses)(1,132,726) 178,961 NET CHANGE IN FUND BALANCES (215,485) 2,995,465)( FUND BALANCES, BEGINNING 512,793 9,234,304 FUND BALANCES, ENDING 297,308$ 6,238,839$ The accompanying notes are an integral part of these financial statements. GOVERNMENTAL FUNDS (continued) TOWN OF WESTLAKE, TEXAS STATEMENT OF REVENUES, EXPENDITURES AND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 CHANGES IN FUND BALANCES 20 Amounts reported for governmental activities in the statement of activities are different because: Net change in fund balance - total governmental funds 2,995,465)$( Governmentalfundsreportcapitaloutlaysasexpenditures.However,inthestatementof activities,thecostofthoseassetsisallocatedovertheirestimatedusefullivesandreportedas depreciationexpense.Thisistheamountbywhichdepreciationexceedscapitaloutlaysinthe current period.5,466,964 Theissuanceoflong-termdebt(e.g.,bonds,leases)providedcurrentfinancialresourcesto governmentalfunds,whilerepaymentoftheprincipaloflong-termdebtconsumesthecurrent financialresourcesofgovernmentalfunds.Neithertransaction,however,hasanyeffectonnet assets.Also,governmentalfundsreporttheeffectofissuancecosts,premiums,discounts,and similaritemswhendebtisfirstissued,whereastheseamountsaredeferredandamortizedinthe statementofactivities.Thisamountistheneteffectofthesedifferencesinthetreatmentof long-term debt and related items.500,264 Someexpensesreportedinthestatementofactivitiesdonotrequiretheuseofcurrentfinancial resources and, therefore, are not reported as expenditures in governmental funds.82,586)( Change in net assets of governmental activities 2,889,177$ The accompanying notes are an integral part of these financial statements. FOR THE YEAR ENDED SEPTEMBER 30, 2009 TOWN OF WESTLAKE, TEXAS RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES 21 Utility Cemetery Fund Fund Total ASSETS Current assets: Cash and cash equivalents 1,203,634$ 64,026$ 1,267,660$ Accounts receivable (net of allowance)582,090 - 582,090 Inventories - 99,371 99,371 Restricted cash and investments 116,600 - 116,600 Total current assets1,902,324 163,397 2,065,721 Noncurrent assets Capital assets: Buildings and improvements 12,853,855 - 12,853,855 Wastewater treatment rights 635,199 - 635,199 Machinery and equipment 3,459,821 - 3,459,821 Less: accumulated depreciation 3,865,652)( - 3,865,652)( Total capital assets 13,083,223 - 13,083,223 Total noncurrent assets 13,083,223 - 13,083,223 Total assets14,985,547 163,397 15,148,944 LIABILITIES Current liablities: Accounts payable 99,335 41 99,376 Customer deposits payable 125,540 - 125,540 Accrued interest payable 3,009,152 - 3,009,152 Due to other funds 339,179 - 339,179 Unearned revenue 438,052 - 438,052 Contractual obligations 75,303 - 75,303 Total current liabilities 4,086,561 41 4,086,602 Long-term liabilities: Contractual obligations 5,658,888 - 5,658,888 Total long-term liabilities 5,658,888 - 5,658,888 Total liabilities9,745,449 41 9,745,490 NET ASSETS Invested in capital assets, net of related debt 7,349,032 - 7,349,032 Unrestricted 2,108,934)( 163,356 1,945,578)( Total net assets5,240,098$ 163,356$ 5,403,454$ The accompanying notes are an integral part of these financial statements. Business-type Activities-Enterprise Funds TOWN OF WESTLAKE, TEXAS STATEMENT OF NET ASSETS PROPRIETARY FUNDS SEPTEMBER 30, 2009 22 Utility Cemetery FundFundTotal OPERATING REVENUES: Charges for services 2,345,236$ -$ 2,345,236$ Miscellaneous revenue 74,866 2,400 77,266 Total operating revenue 2,420,102 2,400 2,422,502 OPERATING EXPENSES: Payroll costs 196,686- 196,686 Professional and contract services 29,191 473 29,664 Depreciation 427,362- 427,362 Amortization of wastewater treatment rights 31,760 - 31,760 Water purchases 781,017- 781,017 Bad Debt 221,111 - 221,111 Other operating costs 427,124 - 427,124 Total operating expenses2,114,251 473 2,114,724 OPERATING INCOME 305,851 1,927 307,778 NON-OPERATING REVENUES (EXPENSES): Interest income 7,858- 7,858 Interest expense 580,156)( - 580,156)( Total non-operating revenues (expenses)572,298)( - 572,298)( INCOME (LOSS) BEFORE TRANSFERS AND CAPITAL CONTRIBUTIONS 266,447)( 1,927 264,520)( Transfer in15,000- 15,000 Transfer out 76,321)( - 76,321)( Total transfers and capital contributions 61,321)( - 61,321)( CHANGE IN NET ASSETS 327,768)( 1,927 325,841)( TOTAL NET ASSETS, BEGINNING 5,567,866 161,429 5,729,295 TOTAL NET ASSETS, ENDING 5,240,098$ 163,356$ 5,403,454$ The accompanying notes are an integral part of these financial statements. Business-type Activities-Enterprise Funds TOWN OF WESTLAKE, TEXAS STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS PROPRIETARY FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 23 Utility Cemetery Total FundFundCurrent Year CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers2,516,350$ 2,400$ 2,518,750$ Cash payments to employees/retirees 196,686)( - 196,686)( Cash payments for goods and services 1,583,434)( 515)( 1,583,949)( Net cash provided by operating activities 736,230 1,885 738,115 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Net interfund borrowings 315,820)( - 315,820)( CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal paid on debt 28,830)( - 28,830)( Interest paid on debt 150,647)( - 150,647)( Purchase of property and equipment 52,748)( - 52,748)( Net cash used by capital and related financing activities 232,225)( - 232,225)( CASH FLOWS FROM INVESTING ACTIVITIES Investment earnings 7,858 - 7,858 NET INCREASE IN CASH AND CASH EQUIVALENTS 196,043 1,885 197,928 CASH AND CASH EQUIVALENTS, BEGINNING 1,124,191 62,141 1,186,332 CASH AND CASH EQUIVALENTS, ENDING 1,320,234$ 64,026$ 1,384,260$ RECONCILIATION OF TOTAL CASH AND CASH EQUIVALENTS Cash and cash equivalents 1,203,634$ 64,026$ 1,267,660$ Restricted cash and cash equivalents 116,600 - 116,600 Total cash and cash equivalents 1,320,234$ 64,026$ 1,384,260$ RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED BY OPERATING ACTIVITIES Operating income 305,851$ 1,927$ 307,778$ Adjustments to reconcile operating loss to net cash provided by operating activities: Depreciation and amortization 459,122 - 459,122 Changes in operating asets and liabilities: Receivables 111,201 - 111,201 Other assets 9,243 - 9,243 Accounts payable 134,234)( 42)( 134,276)( Customer deposits payable 11,240 - 11,240 Deferred revenue 26,193)( - 26,193)( Net cash provided by operating activities 736,230$ 1,885$ 738,115$ The accompanying notes are an integral part of these financial statements. Business-type Activities-Enterprise Funds TOWN OF WESTLAKE, TEXAS STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 24 Texas StudentTexas StudentTexas StudentTexas Student Housing Housing Housing Housing Authority -Corporation -Corporation - Authority - Ballpark Austin The Ridge at The RidgeTown Lake Project North Texasat San MarcosAustin Project ASSETS Cash and cash equivalents 494,319$ 378,062$ 16,229$ 497,321$ Accounts receivables (net of allowance)30,740 67,241 - 19,043 Other assets 8,225 19,065 - 15,000 Restricted assets: Cash and cash equivalents 1,165,637 2,490,522 - 679,298 Capital assets: Land 4,788,265 2,200,000 - 2,182,816 Buildings and improvement 28,338,368 25,705,000 - 16,963,841 Machinery and equipment - 1,253,841 - 1,211,085 Less: accumulated depreciation 9,116,597)( 8,343,058)( - 4,241,653)( Intangible assets: Debt issue costs, net of amortization 2,626,487 741,128 - 789,176 Total assets 28,335,444 24,511,801 16,229 18,115,927 LIABILITIES AND NET ASSETS LIABILITIES Accounts payable and accrued expneses1,086,169 1,366,043 16,229 342,015 Unearned revenue245,789 856,572 - 425,461 Accrued interest payable 4,756,275 3,241,306 - 414,032 Noncurrent liabilities: Due within one year 755,000 29,410,221 - 240,795 Due in more than one year 35,488,094 - - 21,143,698 Total liabilities 42,331,327 34,874,142 16,229 22,566,001 NET ASSETS Invested in capital assets, net of related debt 10,773,058)( 8,594,438)( - 5,268,404)( Restricted 3,590,638)( 750,784)( - 265,266 Unrestricted 367,813 1,017,119)( - 553,064 Total net assets 13,995,883)$( 10,362,341)$( -$ 4,450,074)$( The accompanying notes are an integral part of these financial statements. TOWN OF WESTLAKE, TEXAS DISCRETELY PRESENTED COMPONENT UNITS COMBINING STATEMENT OF NET ASSETS SEPTEMBER 30, 2009 25 Texas Student Housing Authority -Texas Student College StationHousing ProjectAuthority Total 2,976,164$ 456,144$ 4,818,239$ 745,117 22,375 884,516 28,476 23,414 94,180 1,969,777 - 6,305,234 2,899,597 - 12,070,678 27,727,646 - 98,734,855 2,594,804 - 5,059,730 6,756,974)( - 28,458,282)( - - 4,156,791 32,184,607 501,933 103,665,941 700,285 - 3,510,741 2,409,709 33,753 3,971,284 3,464,783 - 11,876,396 31,775,000 - 62,181,016 - - 56,631,792 38,349,777 33,753 138,171,229 5,309,927)( - 29,945,827)( - - 4,076,156)( 855,243)( 468,180 483,305)( 6,165,170)$( 468,180$ 34,505,288)$( 26 Operating Capital Charges for Grants and Grants and Functions/Programs ExpensesServicesContributionsContributions Business-type activities: Texas Student Housing Authority 1,113,311$ 1,241,213$ -$ -$ Texas Student Housing Authority: College Station Project 7,062,999 5,598,433 - - Ballpark Austin Project 5,779,490 3,512,050 - - Town Lake Austin Project 3,977,650 2,887,751 - - Texas Student Housing Corporation: The Ridge at North Texas 5,940,931 4,253,414 - - The Ridge at San Marcos 604,741 648,303 - - Total business-type activities 24,479,122 18,141,164 - - Total primary government 24,479,122$ 18,141,164$ -$ -$ General revenues: Sales Tax Realized gain on liquidation Interest income Miscellaneous Total general revenues and transfers Change in net assets Net assets, beginning Prior Period Adjustment Net assets, ending The accompanying notes are an integral part of these financial statements. TOWN OF WESTLAKE, TEXAS DISCRETELY PRESENTED COMPONENT UNITS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 COMBINING STATEMENT OF ACTIVITIES Program Revenues 27 Governmental Business-type ActivitiesActivities Total -$ 127,902$ 127,902$ - 1,464,566)( 1,464,566)( - 2,267,440)( 2,267,440)( - 1,089,899)( 1,089,899)( - 1,687,517)( 1,687,517)( - 43,562 43,562 - 6,337,958)( 6,337,958)( - 6,337,958)( 6,337,958)( - - - - 9,571,664 9,571,664 - 90,101 90,101 - - - - 9,661,765 9,661,765 - 3,323,807 3,323,807 - 37,829,095)( 37,829,095)( - - - -$ 34,505,288)$( 34,505,288)$( Net (Expense) Revenue and Changes in Net Assets Primary Government 28 29 TOWN OF WESTLAKE, TEXAS NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2009 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The Town of Westlake, Texas (the “Town”) was incorporated under the provisions of the laws of the State of Texas on December 26, 1956. The Town operates under a Board- Manager form of government and provides the following services as authorized by the laws of the State of Texas: public safety; cultural and recreation; and economic development. A. Reporting Entity The accompanying financial statements comply with the provisions of the GASB statements No. 14 and 39. “The Financial Reporting Entity,” in that the Town’s basic financial statements include the accounts of the Town’s financial reporting entity, including the primary government, organizations for which the Town is financially accountable and other organizations for which the nature and significance of their relationship with the Town are such that inclusion would cause the Town’s financial statement to be misleading or incomplete. The criteria for including organizations as component units within the Town’s reporting entity, includes whether: ƒ The organization is legally separate (can sue and be sued in their own name); ƒ The Town holds the corporate powers of the organization; ƒ The Town appoints a voting majority of the organization’s board; ƒ The Town is able to impose its will on the organization; ƒ The organization has the potential to impose a financial benefit/burden on the Town; and ƒ There is fiscal dependency by the organization on the Town. Component units are blended with the balances and transactions of the Town if one of the following criterion are met: ƒ The component unit is substantially the same governing body as the Town; or ƒ The component unit provides services entirely (or almost entirely) to the Town or benefits the Town exclusively (or almost exclusively) ; or ƒ The Town is able to impose its will on the component unit. (continued) 30 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) A. Reporting Entity (Continued) Based on the aforementioned criteria, the Town has the following component units: Lone Star Public Facilities Corporation, 4B Economic Development Corporation, Westlake Academy, Texas Student Housing Authority, Texas Student Housing Authority Ballpark Austin Project; Texas Student Housing Authority Town Lake Austin Project, Texas Student Housing Authority College Station Project, Texas Student Housing Corporation - The Ridge at North Texas and Texas Student Housing Corporation - The Ridge at San Marcos Project. B. Component Units Discretely Presented The Texas Student Housing Authority, Texas Student Housing Ballpark Austin Project, Texas Student Housing Town Lake Austin Project, Texas Student Housing College Station Project, Texas Student Housing Corporation – The Ridge at North Texas Project and Texas Student Housing Corporation – San Marcos Project (collectively, “Texas Student Housing”) are Texas nonprofit organizations as a duly constituted authority of the Town pursuant to Section 53.35(b) of the Texas Education Code, as amended (Act). Texas Student Housing’s primary purpose is to construct, own, and operate student housing facilities on college campuses in Texas. The board consists of seven directors which are appointed by the Town’s governing body, thus the governing body can impose its will on the organizations. Housing entities are reported as Enterprise Funds. The Town is not responsible for the long- term debt of the Texas Student Housing entities. All Texas Student Housing entities have separately issued financial statements. These statements can be obtained by contacting the Texas Student Housing Authority, 3 Village Circle, Suite 207, Westlake, Texas 76262. The financial statements are formatted to allow the user to clearly distinguish between the primary government and the discretely presented component units. Blended Lone Star Public Facilities Corporation is a Texas nonprofit corporation that acts on behalf of the Town to further the public purposes under the Public Facilities Corporation Act, as it’s duly constituted authority and instrumentality. The board of directors, appointed by the Town’s governing body, is comprised of seven members, of whom five must be members of the Town’s governing body. 4B Economic Development Corporation is a Texas nonprofit industrial corporation under the Development Corporation Act of 1979 formed to promote economic development within the Town and the State of Texas in order to eliminate unemployment and underemployment, and to promote and encourage employment and the public welfare of, for, and on behalf of the Town by developing, implementing, financing, and providing one or more projects defined and permitted under Section 4B of the Act. The board of directors is composed of seven persons appointed by the members of the Town’s governing board. Four of the members of the board of directors are members of the Town’s governing board. (continued) 31 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) B. Component Units (Continued) Blended (Continued) Westlake Academy (“Academy”) is an open-enrollment charter school, as provided by Subchapter D, Chapter 12, of the Texas Education Code. The Town of Westlake (“Charter Holder”) applied for and became the first municipality in Texas to ever receive this special charter designation. The board consists of six trustees and is appointed by the Town’s governing body. Currently, all the members of the board of trustees are members of the Town’s governing body. The Academy’s year-end is August 31. C. Government-wide and Fund Financial Statements The government-wide financial statements (i.e., the Statement of Net Assets and the Statement of Activities) report information on all of the non-fiduciary activities of the Town. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. Likewise, the primary government is reported separately from certain legally separate component units for which the primary government is financially accountable. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues includes 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual Enterprise Funds are reported as separate columns in the fund financial statements. D. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. (continued) 32 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Measurement Focus, Basis of Accounting, and Financial Statement Presentation (Continued) Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Town considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Sales taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the Town. The Town uses funds to report on its financial position and the results of its operations. Fund accounting is designed to demonstrate legal compliance and to aid financial management by segregating transactions related to certain government functions or activities. A fund is a separate accounting entity with a self-balancing set of accounts. Governmental Funds are those through which most governmental functions of the Town are financed. The acquisition, use, and balances of the Town’s expendable financial resources and the related liabilities (except those accounted for in the proprietary fund type) are accounted for through governmental funds. The measurement focus is upon determination of changes in financial position, rather than upon income determination. The Town reports the following major governmental funds: General Fund – to account for all financial resources except those required to be accounted for in another fund. The General Fund balance is available for any purpose, provided it is expended or transferred in accordance with the legally adopted budget of the Town. Special Revenue Funds – to account for the proceeds of specific revenue sources (other than special assessments, expendable trusts, or major capital projects) that are legally restricted to expenditures for specified purposes. Visitors Association Fund – to account for municipal hotel occupancy taxes collected and expenditures to promote tourism and the convention and hotel industry. Property Tax Reduction Fund – to account for activity relating to the Property Tax Reduction Fund. Westlake Academy Fund – to account for all financial resources of the Academy. (continued) 33 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Measurement Focus, Basis of Accounting, and Financial Statement Presentation (Continued) FM 1938 Fund – to account for activity relating to the FM 1938 Fund. Vehicle and Equipment Replacement Fund – to account for activity relating to the Vehicle and Equipment Replacement Fund. Lone Star Public Facilities Corporation – to account for activity relating to the Lone Star Public Facilities Corporation. 4B Economic Development Corporation – to account for activity relating to 4B Economic Development Corporation. Debt Service Fund – to account for resources accumulated and payments made for principal and interest on long-term general obligation debt of governmental funds in a Debt Service Fund. Capital Projects Fund –to account for proceeds from long-term financing and revenue and expenditures related to authorized construction and other capital asset acquisitions. Proprietary Funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund’s principal ongoing operations. The principal operating revenues of the Town’s Enterprise Fund are charges to customers for sales and services. Operating expenses for the Enterprise Fund include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenue and expenses not meeting this definition are reported as nonoperating revenue and expenses. The Town reports the following major proprietary fund: Utility Fund – to account for revenues and expenses related to providing water and sewer services to the general public on a continuing basis. Enterprise Fund equity is segregated into contributed capital and retained earnings. Cemetery Fund – to account for the operations of the Town’s cemetery. Private-sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in both government-wide and proprietary fund financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. Governments also have the option of following subsequent private-sector guidance for their business-type activities and Enterprise Funds, subject to this same limitation. The Town has elected not to follow subsequent private-sector guidance. (continued) 34 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Measurement Focus, Basis of Accounting, and Financial Statement Presentation (Continued) As a general rule, the effect of interfund activity has been eliminated from the government- wide financial statements. Exceptions to this general rule are charges between the Town’s water and wastewater function and various other functions of the government. Elimination of these charges would distort the direct costs and program revenue reported for the various functions concerned. Amounts reported as program revenues include: 1) charges to customer or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenue. Likewise, general revenue includes all taxes. E. Assets, Liabilities, and Net Assets or Equity Cash and Cash Equivalents Cash and investments of all funds, including restricted cash, are available upon demand and are considered to be “cash equivalents.” For purposes of the statement of cash flows, the Town considers highly-liquid investments (including restricted assets) with an original maturity of three months or less when purchased to be cash equivalents. State statues authorize the Town to invest in (1) obligations of the United States or its agencies and instrumentalities; (2) direct obligations of the State of Texas or its agencies; (3) other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States; (4) obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than “A” or its equivalent; (5) certificates of deposit by state or national banks domiciled in this state that are (a) guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor; or, (b) secured by obligations that are described by (1) – (4); or (6) fully collateralized direct repurchase agreements having a defined termination date, secured by obligations described by (1) pledged with third-party selected or approved by the Town, and placed through a primary government securities dealer. All investments are recorded at fair value based on quoted market prices. Fair value is the amount at which a financial instrument could be exchanged in a current transaction between willing parties. (continued) 35 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) E. Assets, Liabilities, and Net Assets or Equity (Continued) Interfund Receivables and Payables During the course of operations, numerous transactions occur between individual funds for goods provided or services rendered. These receivables and payables are classified as “due from other funds” or “due to other funds” on the balance sheet. Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide financial statements as “internal balances.” Restricted Assets Certain bond proceeds, as well as certain resources set aside for their repayment, are classified as restricted assets on the balance sheet because their use is limited by applicable bond covenants. Inventories Inventories, which are expended as they are consumed, are stated at the lower of cost or market on a first-in, first-out basis. Fund Changes and Transactions Between Funds Legally authorized transfers are treated as operating transfers and are included in the results of operations of both governmental and proprietary funds. The Town allocates an indirect cost percentage of the salaries, wages and related costs of personnel who perform administrative services as well as other indirect costs necessary for the operation of various funds. Expenses are budgeted and paid from the appropriate fund. Capital Assets All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated assets are valued at their fair market value on the date donated. Assets capitalized have an original cost of $5,000 or more and over three years of life. The cost of nominal maintenance and repairs that do not add value to the asset or materially extend assets’ lives are not capitalized. Depreciation has been calculated on each class of depreciable property using the straight-line method. Estimated useful lives are as follows: Assets Years Water and sewer system 10-50 Buildings 20-50 Machinery and equipment 4-10 Improvements 5-30 Information systems and software 3 (continued) 36 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) E. Assets, Liabilities, and Net Assets or Equity (Continued) Compensated Absences The Town’s policy allows employees to earn 5 days of vacation and 5 days of sick leave after six months of service and 10 days of vacation and 10 days of sick leave upon completion of a year of service. After completion of 5 years of service, 15 days of vacation and 15 days of sick leave per year are earned. After completion of 10 years of service, 20 days of vacation and 20 days of sick leave per year are earned. No accumulated, unused sick time or vacation is payable upon termination or retirement. Long-term Obligations In the government-wide financial statements and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net assets. Bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the straight-line method, which approximates the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as issuance costs during the current period. The face amount of the debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts are reported as other financing uses. Issuance costs, even if withheld from the actual proceeds, are reported as expenditures. Reserved and Designated Fund Equity Reserved fund balances are not appropriable for expenditure or are legally segregated for a specific future use. Designated fund balances are established to indicate tentative plans for financial resources utilization in a future period. Net Assets Net assets represent the difference between assets and liabilities. Net assets invested in capital assets, net of related debt consists of capital assets, net of accumulated depreciation, reduced by the outstanding balances of any borrowing used for the acquisition, construction or improvement of those assets, adding back unspent proceeds. Net assets are reported as restricted when there are limitations imposed on there use either through enabling legislations adopted by the Town or through external restrictions imposed by creditors, grantors or laws or regulations of other governments. (continued) 37 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) E. Assets, Liabilities, and Net Assets or Equity (Continued) Estimates The preparation of financial statements, in conformity with generally accepted accounting principles, requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Actual amounts could differ from those estimates. II. RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS Explanation of Certain Differences Between the Governmental Fund Balance Sheet and the Government-wide Statement of Net Assets The governmental fund balance sheet includes a reconciliation between fund balance – total governmental funds and net assets – governmental activities as reported in the government-wide statement of net assets. One element of that reconciliation explains, “Long-term liabilities are not due and payable in the current period and therefore are not reported in the funds.” The details of this $20,372,867 difference are as follows: Certificates of obligation bonds 20,911,402$ Deferred charges for issuance costs (to be amortized over life of debt)(1,004,692) Capitalized lease obligations 46,559 Accrued interest payable 419,598 Net adjustment to reduce fund balance - total governmental funds to arrive at net assets - governmental activities 20,372,867$ (continued) 38 II. RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS (Continued) Explanation of Certain Differences Between the Governmental Fund Statement of Revenue, Expenditures and Changes in Fund Balances and the Government-wide Statement of Activities The governmental fund statement of revenues, expenditures and changes in fund balances includes a reconciliation between net changes in fund balances – total governmental fund and changes in net assets of governmental activities as reported in the government-wide statement of activities. One element of that reconciliation explains, “Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense.” The details of this $5,466,964 difference are as follows: Capital contributions 2,059,624$ Capital outlay ($42,348 reclassified to expense repairs)4,292,766 Depreciation expense (885,426) Net adjustment to decrease net changes in fund balances - total governmental funds to arrive at changes in net assets of governmental activities 5,466,964$ Another element of that reconciliation states, “The issuance of long-term debt (e.g., bonds, leases) provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net assets. Also, governmental funds report the effect of issuance costs, premiums, and similar items when debt is first issued, whereas these amounts are deferred and amortized in the statement of activities. Details of this $500,264 difference are as follows: Principal repayments: General obligation debt515,000$ Capital lease86,345 Deferred rebates22,863 Debt issuance: General obligation debt(117,640) Deferred expenses (refund)(6,304) Net adjustment to increase net changes in fund balances - total governmental funds to arrive at changes in net assets of governmental activities 500,264$ (continued) 39 II. RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS (Continued) Explanation of Certain Differences Between the Governmental Fund Statement of Revenue, Expenditures and Changes in Fund Balances and the Government-wide Statement of Activities (Continued) Another element of that reconciliation states, “Some expenses reported in the statement of activities do not require the use of current financial resources and therefore are not reported as expenditures in governmental funds.” The details of this $82,586 difference are as follows: Municipal court fines 4,292$ Accrued interest 17,575 Amortization of deferred charge on refunding 44,336 Amortization of issuance costs 16,383 Net adjustment to decrease net changes in fund balances - total governmental funds to arrive at changes in net assets of governmental activities 82,586$ III. DETAILED NOTES ON ALL FUNDS Deposits and Investments Legal provisions generally permit the Town to invest in certificates of deposit, repurchase agreements, public funds investment pools, direct obligations of the United States of America or its subdivisions and state and local government securities. The Town did not engage in repurchase or reverse repurchase agreement transactions during the current year. During the year ended September 30, 2009, the Town had investments with TexPool. TexPool, a public funds investment pool created by the Treasurer of the State of Texas acting by and through the Texas Treasury Safekeeping Trust Company, which is empowered to invest funds and acts as custodian of investments purchased with local investment funds. These investments are not required to be categorized because the investor is not issued securities, but rather it owns an undivided beneficial interest in the assets of the respective funds. The fair value of the position in TexPool is the same as the value of the pool shares. On September 1, 1989, local government investment pools became authorized investments for the majority of public entities in Texas. The Interlocal Cooperation Act was amended by the 71st Texas Legislature to facilitate the creation of local government investment pools in Texas. This act permits the creation of investment pools to which a majority of political subdivisions (local governments) may delegate, by contract, the authority to make investments purchased with local investment funds and to hold legal title as custodian of the investments. TexPool was organized to conform with the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and the Public Funds Investment Act, Chapter 2256 of the Texas Government Code. (continued) 40 III. DETAILED NOTES ON ALL FUNDS (Continued) Deposits and Investments (Continued) The Public Funds Investment Act (Government Code Chapter 2256) contains specific provisions in the areas of investment practices, management reports and establishment of appropriate policies. Among other things, it requires the Town to adopt, implement, and publicize its investment policy. That policy must address the following areas: (1) safety of principal and liquidity, (2) portfolio diversification, (3) allowable investments, (4) acceptable risk levels, (5) expected rates of return, (6) maximum allowable stated maturity of portfolio investments, (7) maximum average dollar – weighted maturity allowed based on the stated maturity date for the portfolio, (8) investment staff quality and capabilities, and (9) bid solicitation preferences for certificates of deposit. Statutes and the Town’s investment policy authorized the Town to invest in the following investments as summarized in the table below: MaximumMaximum Authorized MaximumPercentageInvestment Investment TypeMaturityof Portfolioin One Issuer Obligations of, or guaranteed by Governmental entities2 yearsNoneNone Certificates of deposit1 yearNoneNone Mutual funds2 years80%None Investment pools -None None At September 30, 2009, the Town’s investments included investment pools in the name of the Town or its agent in the Town’s name. The Town’s investments were as follows: MinimumRating Carrying Fair Legalas of Primary governmentAmount ValueRatingYear-end Investments: TexPool 6,251,494$ 6,251,494$ N/AAAA-m Cash 727,894 727,894 N/AN/A Total cash and investments 6,979,388$ 6,979,388$ Reconciliation of total cash and investments at September 30, 2009, are as follows: Cash and cash equivalents 6,823,948$ Restricted cash and investments 155,440 Total cash and investments 6,979,388$ (continued) 41 III. DETAILED NOTES ON ALL FUNDS (Continued) Deposits and Investments (Continued) The Town’s entire cash deposits in the bank of $1,594,178 on September 30, 2009, were covered by federal depository insurance or by collateral. Carrying Weighted Average Component units AmountFair ValueMaturity (Days) Investments: Cash and cash equivalents 4,818,239$ 4,818,239$ N/A Total 4,818,239$ 4,818,239$ Interest Rate Risk. This is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to changes in market interest rates. One of the ways that the Town manages its exposure to interest rate risk is by investing in investment pools which purchase a combination of shorter term investments with an average maturity of less than 29 days thus reducing the interest rate risk. The Town monitors the interest rate risk inherent in its portfolio by measuring the weighted average maturity of its portfolio. The Town has no specific limitations with respect to this metric. Credit Risk. This is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented above is the minimum rating required by (where applicable) the Public Funds Investment Act, the Town’s investment policy, or debt agreements, and the actual rating as of year-end for each investment type. (continued) 42 III. DETAILED NOTES ON ALL FUNDS (Continued) Capital Assets Capital asset activity for the year ended September 30, 2009, was as follows: Primary Government Beginning Prior PeriodEnding Balance IncreasesDecreasesAdjustmentBalance Governmental activities: Capital assets, not being depreciated: Land 9,386,531$ 2,059,624$ -$ 84,508$ 11,530,663$ Construction in progress 613,845 3,989,831 4,468,406 - 135,270 Total assets not being depreciated 10,000,376 6,049,455 4,468,406 84,508 11,665,933 Capital assets, being depreciated: Capital improvements4,287,188 55,000 - - 4,342,188 Buildings 16,745,037 4,468,406 - - 21,213,443 Machinery and equipment 1,953,308 247,935 - - 2,201,243 Information systems and software 52,430 - - - 52,430 Total capital assets being depreciated 23,037,963 4,771,341 - - 27,809,304 Less accumulated depreciation: Capital improvements 2,317,392 184,892 - - 2,502,284 Buildings 1,923,279 425,352 - - 2,348,631 Machinery and equipment 1,116,228 257,706 - - 1,373,934 Information systems and software 34,954 17,476 - - 52,430 Total accumulated depreciation 5,391,853 885,426 - - 6,277,279 Total capital assets being depreciated, net 17,646,110 3,885,915 - - 21,532,025 Governmental activities capital assets, net 27,646,486$ 9,935,370$ 4,468,406$ 84,508$ 33,197,958$ Business-type activities: Capital assets, not being depreciated: Construction in progress 39,130$ -$ 39,130$ -$ -$ Total assets not being depreciated 39,130 - 39,130 - - Capital assets, being depreciated: Capital improvements12,853,855 - - - 12,853,855 Wastewater treatment rights 635,199 - - - 635,199 Machinery and equipment 3,367,943 91,878 - - 3,459,821 Total capital assets being depreciated 16,856,997 91,878 - - 16,948,875 Less accumulated depreciation: Capital improvements2,237,563 302,369 - - 2,539,932 Wastewater treatment rights 259,373 31,760 - - 291,133 Machinery and equipment 909,594 124,993 - - 1,034,587 Total accumulated depreciation 3,406,530 459,122 - - 3,865,652 Total capital assets being depreciated, net 13,450,467 367,244)( - - 13,083,223 Business-type activities capital assets, net 13,489,597$ 367,244)$( 39,130$ -$ 13,083,223$ (continued) 43 III. DETAILED NOTES ON ALL FUNDS (Continued) Capital Assets (Continued) Depreciation was charged to departments of the primary government as follows: Governmental activities: General government641,933$ Public safety56,380 Public works 187,113 Total depreciation expense - governmental activities 885,426$ A summary of discretely presented component units’ capital assets at September 30, 2009, follows: Texas Student Housing Authority - Ballpark Austin Project Beginning Ending BalanceAdditionsDeletionsBalance Capital assets, not being depreciated: Land 4,788,265$ -$ -$ 4,788,265$ Total capital assets, not being depreciated 4,788,265 - - 4,788,265 Capital assets, being depreciated: Building 21,345,305 - - 21,345,305 Furniture and fixtures 6,993,063 - - 6,993,063 Total capital assets, being depreciated 28,338,368 - - 28,338,368 Less accumulated depreciation for: Building 4,743,401 711,510 - 5,454,911 Furniture and fixtures 3,434,200 227,486 - 3,661,686 Total accumulated depreciation 8,177,601 938,996 - 9,116,597 Total capital assets, being depreciated, net 20,160,767 938,996)( - 19,221,771 Capital assets, net 24,949,032$ 938,996)$( -$ 24,010,036$ (continued) 44 III. DETAILED NOTES ON ALL FUNDS (Continued) Capital Assets (Continued) Texas Student Housing Corporation - The Ridge at North Texas Beginning Ending Balance Additions Deletions Balance Capital assets, not being depreciated: Land 2,200,000$ -$ -$ 2,200,000$ Total capital assets, not being depreciated 2,200,000 - - 2,200,000 Capital assets, being depreciated: Building 25,705,000 - - 25,705,000 Furniture and fixtures 1,253,841 - - 1,253,841 Total capital assets, being depreciated 26,958,841 - - 26,958,841 Less accumulated depreciation for: Building 5,131,041 856,833 - 5,987,874 Furniture and fixtures 2,332,540 22,644 - 2,355,184 Total accumulated depreciation 7,463,581 879,477 - 8,343,058 Total capital assets, being depreciated, net 19,495,260 879,477)( - 18,615,783 Capital assets, net 21,695,260$ 879,477)$( -$ 20,815,783$ Texas Student Housing Authority - The Ridge at San Marcos Beginning Balance Additions Deletions Adjustments Ending Balance Capital assets, not being depreciated Land1,552,207$ -$ -$ (1,552,207)$ -$ Total capital assets, not being depreciated1,552,207 - - (1,552,207) - Capital assets, being depreciated: Building15,875,143- - (15,875,143) - Furniture, fixtures and equipment 818,332 - - (818,332) - Total capital assets, being depreciated16,693,475 - - (16,693,475) - Less accumulated depreciation 4,841,486 - - (4,841,486) - Total capital assets, being depreciated, net11,851,989 - - (11,851,989) - Capital assets, net 13,404,196$ -$ -$ (13,404,196)$ -$ (continued) 45 III. DETAILED NOTES ON ALL FUNDS (Continued) Capital Assets (Continued) Texas Student Housing Authority - Town Lake Austin Project Beginning Ending BalanceAdditionsRetirementsBalance Capital assets, not being depreciated: Land 2,182,816$ -$ -$ 2,182,816$ Total capital assets, not being depreciated 2,182,816 - - 2,182,816 Capital assets, being depreciated: Building and improvements13,270,150 - - 13,270,150 Capitalized purchase costs887,095 - - 887,095 Land improvements 2,806,596 - - 2,806,596 Unit appliances 295,134 - - 295,134 Furniture and fixtures 915,951 - - 915,951 Total capital assets, being depreciated 18,174,926 - - 18,174,926 Less accumulated depreciation for: Building and improvements2,396,181 604,098 - 3,000,279 Capitalized purchase costs146,764 28,484 - 175,248 Land improvements374,212 - - 374,212 Unit appliances 168,648 - - 168,648 Furniture and fixtures 523,266 - - 523,266 Total accumulated depreciation 3,609,071 632,582 - 4,241,653 Total capital assets, being depreciated, net 14,565,855 632,582)( - 13,933,273 Capital assets, net 16,748,671$ 632,582)$( -$ 16,116,089$ (continued) 46 III. DETAILED NOTES ON ALL FUNDS (Continued) Capital Assets (Continued) Texas Student Housing Authority - College Station Project Beginning Ending BalanceAdditionsRetirementsReclassBalance Capital assets, not being depreciated: Land 2,899,597$ -$ -$ -$ 2,899,597$ Total capital assets, not being depreciated 2,899,597 - - - 2,899,597 Capital assets, being depreciated: Building 27,727,646 - - - 27,727,646 Furniture and fixtures 2,594,804 - - - 2,594,804 Total capital assets, being depreciated 30,322,450 - - - 30,322,450 Less accumulated depreciation for: Building 3,610,527 896,176 - 134,416)( 4,372,287 Furniture and fixtures 1,764,191 486,080 - 134,416 2,384,687 Total accumulated depreciation 5,374,718 1,382,256 - - 6,756,974 Total capital assets, being depreciated, net 24,947,732 1,382,256)( - - 23,565,476 Capital assets, net 27,847,329$ 1,382,256)$( -$ -$ 26,465,073$ Restricted Cash General Fund Within the governmental funds, $38,840 in cash and cash equivalents represents funds held to assist in the financing of future projects. Proprietary Fund Within the proprietary funds, $116,600 of the fund represents customer deposits received for water and sewer usage that are refundable upon termination of service. Discretely Presented Component Units Within the discretely presented component units, $6,305,234 in cash and cash equivalents represents funds held for debt service. (continued) 47 III. DETAILED NOTES ON ALL FUNDS (Continued) Capital Leases The Town entered into a lease agreement as lessee for financing the acquisition of a vehicle for the warrant division of the municipal court. The lease agreement qualifies as a capital lease for accounting purposes and, therefore, has been recorded at the present value of their future minimum lease payments as of the inception date. Governmental Activities Asset: Machinery and equipment 23,000$ Less: Accumulated depreciation (13,800) Total 9,200$ Westlake Academy entered into lease agreement as a lessee for financing the acquisition of computers for student use. The lease agreement qualifies as a capital lease for accounting purposes and, therefore, has been recorded at the present value of their future minimum lease payments as of the inception date. The computers were not capitalized because the value of each one was less than $5,000. The future minimum lease obligations and the net present value of these minimum lease payments as of September 30, 2009, were as follows: Year Ending Sept. 30 Governmental Activities 201049,827$ Total minimum lease payments49,827 Less: amount representing interest(3,268) Present value of minimum lease payments 46,559$ (continued) 48 III. DETAILED NOTES ON ALL FUNDS (Continued) General Long-term Debt Long-term liability activity for the year ended September 30, 2009, was as follows: Beginning EndingDue Within BalanceAdditionsReductionsBalanceOne Year Combination tax and limited Pledge Revenue Certificates of Obligation, Series 20025,395,000$ -$ 250,000$ 5,145,000$ 265,000$ Combination tax and limited Pledge Revenue Certificates of Obligation, Series 20035,980,000 - 150,000 5,830,000 155,000 General Obligation Refunding Bonds, Series 2007 7,350,000 - 20,000 7,330,000 20,000 Less deferred amounts on refunding 685,352)( - 44,336)( 641,016)( - General Obligation Bonds, Series 2008 2,500,000 - 95,000 2,405,000 85,000 Capital leases 15,264 117,640 86,345 46,559 46,559 Fidelity Tax Reimbursement 224,265 - 22,863 201,402 24,178 20,779,177$ 117,640$ 579,872$ 20,316,945$ 595,737$ Debt service requirements of certificates of obligation and general obligations to be retired from governmental funds are as follows: Year Ending Total September 30,Principal Interest Requirements 2010 525,000 973,250 1,498,250 2011 555,000 946,778 1,501,778 2012 580,000 918,450 1,498,450 2013 610,000 888,528 1,498,528 2014 640,000 856,906 1,496,906 2014-2018 3,710,000 3,792,848 7,502,848 2019-2023 4,710,000 2,792,179 7,502,179 2024-2028 5,755,000 1,558,377 7,313,377 2029-2033 3,625,000 327,315 3,952,315 Total 20,710,000$ 13,054,631$ 33,764,631$ On August 10, 1998, the Town entered into an economic development agreement with Fidelity Texas Limited Partnership (“Fidelity”) which provided that Fidelity will receive a rebate of one percent of local sales taxes collected by the Town and paid by Fidelity. The agreement provided that the rebate will be paid to Fidelity within 30 days of each calendar quarter from the sales taxes received by the Town. On November 13, 2000, the agreement was amended to allow for a payment schedule of 15 annual equal installments for sales tax rebate due and payable to Fidelity. The amount due will not bear interest. The loan is discounted to present value and amortized over the life of the loan using the effective interest method. (continued) 49 III. DETAILED NOTES ON ALL FUNDS (Continued) General Long-term Debt (Continued) Debt service requirements for deferred rebates to be retired from governmental funds are as follows: Year Ending Total September 30,Principal InterestRequirements 2010 24,178 11,581 35,759 2011 25,568 10,190 35,758 2012 27,038 8,720 35,758 2013 28,593 7,165 35,758 2014 30,237 5,522 35,759 2015-2016 65,788 5,727 71,515 Total 201,402$ 48,905$ 250,307$ The Certificates of Obligation, Series 2002 and 2003 require the Town to provide certain updated financial information and operating data to certain information vendors annually, as permitted by SEC Rule 15c2-12 (the “Rule”). The issuer will provide the updated information to each nationally recognized municipal securities information repository (“NRMSIR”) and to any state information depository (“SID”) that is designated by the State of Texas and approved by the staff of the United States Securities and Exchange Commission (the “SEC”). During the previous fiscal year, the Town issued General Obligation bonds of $2.5 million. These bonds were used for the construction of an Arts & Sciences Center that was completed during the current fiscal year. Proprietary Long-term Debt Elevated Water Storage Facility On October 9, 2000, the Town approved an interlocal agreement with the City of Keller, which provided for the joint construction, operation, maintenance and use of an elevated water storage facility and appurtenances. The Town recorded a contractual obligation of $1,466,000 based on the terms of the interlocal agreement, which requires 20 annual principal and interest payments to the City of Keller, with payments due each September 30 at interest rates ranging from 5.0% to 5.65%. (continued) 50 III. DETAILED NOTES ON ALL FUNDS (Continued) Proprietary Long-term Debt (Continued) Dove Road Water Line and West Pump Station In April 2000, the Town approved an agreement with the Hillwood Development Corporation (“Hillwood”). In the agreement, Hillwood agreed to bear all initial costs for the design, engineering and constructions of the Dove Road Water Line and the West Pump Station that will service the residents of the Town. The Town agreed to reimburse Hillwood for the cost of the project upon completion and the Town’s acceptance of the project, which occurred in June 2001, solely from a $.25 charge per 1,000 gallons of usage. The Town further agreed to deposit debt service revenue of $.25 per 1,000 gallons of usage collected from Town residents to fund its repayment to Hillwood. Debt service revenue will be allocated between Hillwood service area and Town service area by 52% and 48%, respectively and deposited into two separate debt service funds that will result in debt service revenue to pay the respective share of the construction cost. The Town recorded a limited pledge contractual obligation of $4,679,944 for the project cost based upon the terms of the agreement, which requires 239 monthly principal and interest payments to Hillwood, at an interest rate of 6.75%. If the Town collects insufficient funds to pay current interest on the debt, the interest payment may be deferred. No portion of debt payments will be applied to the principal component, until all current and deferred interest is fully paid. Proprietary long-term debt as of September 30, 2009, is as follows: Outstanding OutstandingCurrent Description 9/30/2008IssuedRetired9/30/2009Portion Contractual obligations: Elevated water storage1,083,078$ -$ 28,831$ 1,054,247$ 75,303$ Limited pledge contractual obligation: Dove Road Water Line and West Pump Station 4,679,944 - - 4,679,944 - 5,763,022$ -$ 28,831$ 5,734,191$ 75,303$ The schedule of future payments by the Town under these agreements is as follows: Year Ending Total September 30,Principal Interest Requirements 2010 75,303 576,126 651,429 2011 78,508 610,613 689,121 2012 81,712 647,482 729,194 2013 86,519 686,868 773,387 2014 91,325 728,930 820,255 2015-2019 520,715 4,388,221 4,908,936 2020-2024 120,165 1,791,996 1,912,161 2025 4,679,944 - 4,679,944 Total 5,734,191$ 9,430,236$ 15,164,427$ (continued) 51 III. DETAILED NOTES ON ALL FUNDS (Continued) Discretely Presented Long-term Debt Texas Student Housing Authority - College Station Project The Project’s installment note payable is summarized as follows: Interest Lender/Security/Due DateRateBalance CambridgeStudentHousingFinancingCompany, L.P.;substantiallyallassetsandassignmentof rents; due November 1, 2039 8.00%31,775,000$ The Project’s installment note is payable monthly with principal and interest payments of $231,545 until November 1, 2039. The following is a summary of long-term debt transactions of the Project for the year ended August 31, 2009: Amounts BeginningEndingDue Within BalanceIncreasesDecreasesBalanceOne Year 32,070,000$ -$ 295,000$ 31,775,000$ 31,775,000$ The Project’s original developer refinanced the installment note through a secondary offering with Cambridge Student Housing Financing Company, L.P. The debt certificates were sold to private investors in the following classes: Class (Series)Offering Total A 17,500,000 B 4,900,000 C 4,820,000 D 5,380,000 Total 32,600,000$ Each class has certain rights and privileges, as contained in the private placement memorandum. As a part of the offering, the Project entered into a trust agreement with J. P. Morgan Trust Company, N.A. (the “Trustee”) for the purpose of determining that each class is paid in accordance with the private placement memorandum. At August 31, 2009, the Project was not in compliance with the fixed charge coverage ratio, which constitutes a default of the lending agreement. Upon default, the lender may accelerate the maturity of the unpaid portion of the principal payable under the installment sale agreement. However, the Authority does not anticipate this event will occur, since foreclosure by private interests would result in the loss of tax-exempt status for the Project. (continued) 52 III. DETAILED NOTES ON ALL FUNDS (Continued) Discretely Presented Long-term Debt (Continued) Texas Student Housing Authority - Town Lake Austin Project Beginning BalanceIncreasesDecreasesEnding Balance Amounts Due Within One Year Revenue Bonds: 2002 A-1 Bonds16,516,812$ -$ 221,560$ 16,295,252$ 240,795$ 2002 A-2 Bonds5,089,241 - - 5,089,241 - Total 21,606,053$ -$ 221,560$ 21,384,493$ 240,795$ The bonds are payable solely from the revenues generated by the Project and are secured by the revenues pledged and assigned under the terms of the trust indenture. Interest rates for the bonds range from 7.76% to 8.69% at present and principal and interest payments are made monthly. The future debt service requirements of the bonds are as follows: Year Ending August 31,Principal Interest Total 2010 240,795 1,650,842 1,891,637 2011 260,159 1,631,478 1,891,637 2012 281,080 1,610,557 1,891,637 2013 303,683 1,587,954 1,891,637 2014 328,105 1,563,532 1,891,637 2015-2019 2,081,386 7,376,799 9,458,185 2020-2024 3,064,148 6,394,037 9,458,185 2025-2029 4,510,942 4,947,243 9,458,185 2030-2033 10,314,195 2,467,629 12,781,824 Totals 21,384,493$ 29,230,071$ 50,614,564$ Texas Student Housing Authority - The Ridge at San Marcos The bonds are payable solely from the revenues generated by the Project and are secured by the revenues pledged and assigned under the terms of the trust indenture. The annual interest rate is 8.2% and interest is due on the first of each month. In the case of default under the terms of the indenture, the interest rate increases by 2%. During 2005, the Project defaulted on the bonds and the interest rate increased to 10.2%. During 2005, the Project ceased making the required principal and interest payments required by the loan and financing agreement. This constitutes an event of the default under provisions of the indenture and permits the trustee at the direction of the servicing agent to declare the principal and all interest then due to be immediately due and payable. As a result, the outstanding principal at August 31, 2009, has been shown as a current liability in the accompanying financial statements. (continued) 53 III. DETAILED NOTES ON ALL FUNDS (Continued) Discretely Presented Long-term Debt (Continued) Texas Student Housing Authority - The Ridge at San Marcos (Continued) The following is a summary of long-term debt transactions of the Project for the 12-month period ended August 31, 2009: Amounts BeginningIncreases/EndingDue Within BalanceAdjustmentsDecreasesBalanceOne Year Revenue Bonds: 2000 Bonds 19,580,869$ 19,580,869)$( -$ -$ -$ On November 14, 2008, the Ridge at San Marcos was given a deed-in-lieu by the bondholders, Muni Mae, and these assets and liabilities pertaining the facility are no longer under the control of Texas Student Housing Authority. Therefore, the Project is no longer responsible for the repayment of this debt issue. Texas Student Housing Authority - Ballpark Austin Project The long-term debt activity of the Ballpark Austin Project is as follows: Amounts Beginning EndingDue Within BalanceIncreasesDecreasesBalanceOne Year Revenue Bonds: 2001A Bonds31,345,000$ -$ 585,000$ 30,760,000$ 610,000$ 2001B Bonds2,365,000 - - 2,365,000$ 145,000 2001C Bonds3,000,000 - - 3,000,000$ - Less discounts 1,401,991)( - 60,085)( 1,341,906)( - Total 35,308,009$ -$ 524,915$ 34,783,094$ 755,000$ (continued) 54 III. DETAILED NOTES ON ALL FUNDS (Continued) Discretely Presented Long-term Debt (Continued) Texas Student Housing Authority - Ballpark Austin Project (Continued) The bonds are payable solely from the revenues generated by the Project and secured by the revenues pledged and assigned under the terms of the trust indenture. Interest rates on the bonds range from 4.00% to 11.00% and are payable semi-annually. The debt service requirements of the bonds are as follows: Year Ending August 31,PrincipalInterestTotal 2010755,000 2,311,359 3,066,359 2011 680,000 2,280,294 2,960,294 2012 715,000 2,247,194 2,962,194 2013 755,000 2,208,144 2,963,144 2014 795,000 2,166,875 2,961,875 2015-2019 4,680,000 10,132,269 14,812,269 2020-2024 6,105,000 8,704,631 14,809,631 2025-2029 8,000,000 6,812,188 14,812,188 2030-2033 13,640,000 3,681,438 17,321,438 Totals 36,125,000$ 40,544,392$ 76,669,392$ Governmental Activities At August 31, 2009, the Project had not made interest payments on the Subordinate 2001C Bond Series since July 2003, and the Subordinate 2001C Bond is in default. In addition, the Project’s fixed charges coverage ratio was not in compliance with the covenants of the indenture. These events do not constitute an event of default that accelerates the bonds. As a result, the maturities are presented under the original repayment terms. Texas Student Housing Corporation - The Ridge at North Texas The long-term debt activity of the Ridge at North Texas is as follows: Amounts Beginning EndingDue Within BalanceIncreasesDecreasesBalanceOne Year Revenue Bonds: 2001A Bonds27,495,000$ -$ 540,000$ 26,955,000$ 26,955,000$ 2001B Bonds3,240,000 - - 3,240,000 3,240,000 Less discounts 822,264)( - 37,485)( 784,779)( 784,779)( Total 29,912,736$ -$ 502,515$ 29,410,221$ 29,410,221$ (continued) 55 III. DETAILED NOTES ON ALL FUNDS (Continued) Discretely Presented Long-term Debt (Continued) Texas Student Housing Corporation - The Ridge at North Texas (Continued) The debt originally was to be amortized through 2031 with varying monthly principal payment amounts ranging from $2,618,093 to $3,465,280 for interest and principal. The annual requirements to amortize all debts outstanding as of August 31, 2009, are as follows and have not been adjusted for the default of the bonds. Under the original terms of the Indenture, a total of $540,000 in principal and $2,079,992 in interest is due in fiscal 2009. The total interest to be paid will depend on the ultimate maturities of the bonds. Year Ending August 31,PrincipalInterestTotal 2010 29,410,221$ 31,690,407$ 61,100,628$ The Town of Westlake does not have any liability for the payment of debt of the discretely presented component units as the bonds are non-recourse to both the Town and Texas Student Housing Authority. Deferred Revenue Deferred revenue in the proprietary fund of $438,052 relates to the collection of the entire amount due on six Ductbank leases as follows: One 20-year lease with AT&T local network services and five 20, 25 and 30-year leases with Verizon Southwest for use of the Town’s Ductbank. Commitments and Contingencies Lease Obligations The Town has commitments relative to municipal services, and contractual relationships concerning certain utilities and public safety resources, which are normal in its ongoing activity. Noncancellable obligations consist of agreements for services at September 30, 2009. Minimum lease payments and contractual obligations under these noncancellable leases and agreements as of September 30, 2009, are as follows: Year Ending September 30,Amount 2010228,286 2011 149,452 Total 377,738$ Rental expenditures in 2009 were $228,037. (continued) 56 III. DETAILED NOTES ON ALL FUNDS (Continued) Commitments and Contingencies (Continued) Interlocal Agreement with the City of Southlake In August 1995, the Town entered into an agreement with the City of Southlake to allow the Town to utilize capacity in a sewer line and to set forth their respective rights and obligations with respect to the sewer line owned by the City of Southlake. The Town is obligated to share in the cost of construction, operation and maintenance of the water sewer line. The sewer line was constructed in 2000. Additionally, the Town must pay the City of Southlake all transportation, treatment and related costs allocable to the metered flow of sewage from the Town into the sewer line. Federal and State Program Revenues The Town received financial assistance from various federal and state governmental agencies in the form of grants. The disbursement of funds received under these programs generally requires compliance with terms and conditions specified in the grant agreements and are subject to audit by the grantor agencies. Any unallowed disbursement resulting from such audits becomes a liability of the Town. In the opinion of the Town management, no material refunds will be required as a result of unallowed disbursements (if any) by the grantor agencies. Sources of federal and state program revenues for the year ended September 30, 2009, were as follows: Westlake SourceAcademyTotal Federal program revenues: Department of Homeland Security-$ -$ U. S. Department of Education - Passed through State Department of Education 56,134 56,134 Total federal program revenues:56,134$ 56,134$ State program revenues: State Department of Education 3,163,129$ 3,163,129$ (continued) 57 III. DETAILED NOTES ON ALL FUNDS (Continued) Interfund Balances and Transactions Interfund receivables and payables at September 30, 2009, were as follows: Due from Due to Other FundsOther Funds General fund: Visitors Association fund -$ 33,829$ Vehicle & equipment replacement fund - 12,000 Property tax reduction fund 250,000 - Utility fund 41,871 - Capital projects fund 89,243 - Visitors Association fund: General fund 33,829 - Capital projects fund - 8,550 4B Economic Development Corporation fund429,019 - Property tax reduction fund: General fund- 250,000 FM 1938 fund- 25,814 Capital projects fund - 74,472 Capital projects fund: General fund- 89,243 Visitors Association fund8,550 - Property tax reduction fund 74,472 - FM 1938 fund: Property tax reduction fund 25,814 - 4B Economic Development Corporation fund: Visitors Association fund- 429,019 Utility fund 297,308 - Vehicle & equipment replacement fund: General fund12,000 - Enterprise fund: General fund- 41,871 4B Economic Development Corporation fund - 297,308 1,262,106$ 1,262,106$ (continued) 58 III. DETAILED NOTES ON ALL FUNDS (Continued) Interfund Balances and Transactions (Continued) Interfund transfers between the primary government’s funds consisted of: Transfers Transfers To Funds From Funds Primary Government General fund: General PCM fund 77,278$ 77,278$ Utility fund - 61,321 Capital projects fund 149,185 - Grant fund - - Property Tax Reduction fund - 250,000 Vehicle and equipment replacement fund 51,954 - Debt Service fund: Visitors Asscoiation fund - 368,861 4B Economic Development Corporation fund - 1,132,726 Visitors Association fund: Cemetary fund - - Debt service fund 368,861 - Capital projects fund 35,700 - FM 1938 fund: Property Tax Reduction fund - 25,814 Property Tax Reduction fund: General fund 250,000 - FM 1938 fund 25,814 - Capital projects fund 82,647 - Vehicle and equipment replacement fund: General fund - 51,954 4B Ecomonic Development Corporation fund: Debt service fund 1,132,726 - Capital Projects fund: General fund - 149,185 Visitors Asscoiation fund - 35,700 Property Tax Reduction fund - 82,647 Westlake Academy - 200,000 Westlake Academy: Capital projects fund200,000 - Utility fund: General fund61,321 - Utility PCM fund 15,000 15,000 Totals 2,448,817$ 2,448,817$ Inter-fund transfers are reported in the governmental funds and proprietary fund financial statements. In the government-wide statements, inter-fund transfers are eliminated within the governmental activities column and business-type column, as appropriate. (continued) 59 III. DETAILED NOTES ON ALL FUNDS (Continued) Interfund Balances and Transactions (Continued) Transfers are used to (1) move revenues collected in the special revenue funds to finance various programs in accordance with budgetary authorizations, (2) move receipts restricted for debt service from the funds collecting the receipts to the debt service fund as debt service payments become due, (3) reimburse one fund for services provided to another fund and (4) pay for property purchased in advance of bond issuance. Receivables Enterprise Funds Property TaxWestlake VisitorsWestlake ReductionFM 19384BUtility GeneralAssociationAcademyFundFundCorporationFundTotal Receivables: Sales tax350,527$ -$ -$ 175,264$ 126,900$ 175,264$ -$ 827,955$ Other taxes- 76,626 - - - - - 76,626 Franchise fees143,639 - - - - - - 143,639 Accounts - - - - - - 803,201 803,201 Other 41,751 - 116,593 - - - - 158,344 Gross receivables535,917 76,626 116,593 175,264 126,900 175,264 803,201 2,009,765 Less: Allowance for uncollectibles - - - - - - 221,111 221,111 Net total receivables535,917$ 76,626$ 116,593$ 175,264$ 126,900$ 175,264$ 582,090$ 1,788,654$ Governmental Funds Water Purchase and Wastewater Treatment Contracts The Town has a contract with the City of Fort Worth, Texas, to purchase water. Under the contract, the Town may obtain from the City of Fort Worth, a supply of potable water at a reasonable rate based on water usage. The rate charges are subject to minimum annual contract payments. Water expense for the year ended September 30, 2009 was $781,017. IV. OTHER INFORMATION Retirement Plan Plan Description The Town provides pension benefits for all of its eligible employees through a non-traditional, joint contributory, hybrid defined benefit plan in the statewide Texas Municipal Retirement System (TMRS), an agent multiple-employer public employee retirement system. The plan provisions that have been adopted by the Town are within the options available in the governing state statutes of TMRS. (continued) 60 IV. OTHER INFORMATION (Continued) Retirement Plan (Continued) Plan Description (Continued) TMRS issues a publicly available comprehensive annual financial report that includes financial statements and required supplementary information (RSI) for TMRS; the report also provides detailed explanations of the contributions, benefits and actuarial methods and assumptions used by the System. This report may be obtained by writing to TMRS, P. O. Box 149153, Austin, Texas 78714-9153 or by calling 800-924-8677; in addition, the report is available on TMRS’ website at www.TMRS.com. The plan provisions are adopted by the governing body of the Town, within the options available in the state statutes governing TMRS. Plan provisions for the Town were as follows: Plan Year 2008Plan Year 2009 Employee deposit rate 7.0%7.0% Matching ratio (town to employee)2 to 1 2 to 1 Years required for vesting 5 5 Service retirement eligibility (expressed as age/years of service)60/5, 0/20 60/5, 0/20 Updated service credit 100% repeating,100% repeating, transfers transfers Annuity increase (to retirees)0% of CPI 0% of CPI repeating repeating Contributions Under the state law governing TMRS, the contribution rate for each town is determined annually by the actuary, using the Projected Unit Credit actuarial cost method. This rate consists of the normal cost contribution rate and the prior service cost contribution rate, which is calculated to be a level percent of payroll from year to year. The normal cost contribution rate finances the portion of an active member’s projected benefit allocated annually; the prior service contribution rate amortizes the unfunded (overfunded) actuarial liability (asset) over the applicable period for that city. Both the normal cost and prior service contribution rates include recognition of the projected impact of annually repeating benefits, such as Updated Service Credits and Annuity Increases. (continued) 61 IV. OTHER INFORMATION (Continued) Retirement Plan (Continued) Contributions (Continued) The Town contributes to the TMRS Plan at an actuarially determined rate. Both the employees and the Town make contributions monthly. Since the Town needs to know its contribution rate in advance for budgetary purposes, there is a one-year delay between the actuarial valuation that serves as the basis for the rate and the calendar year when the rate goes into effect. The annual pension cost and net pension obligation/(asset) are as follows: Annual Required Contribution (ARC)138,554$ Interest on Net Pension Obligation- Adjustment to the ARC- Annual Pension Cost 138,554 Contributions Made138,554)( Increase (Decrease) in Net Pension Obligation- Net Pension Obligation/(Asset), beginning of year - Net Pension Obligation/(Asset), ending of year -$ Accounting Annual Actual Percentage Net Year PensionContributionof APC Pension Ending Cost (APC)Made ContributedObligation 09/30/07 98,030$ 98,030$ 100%-$ 09/30/08 108,827 108,827 100%- 09/30/09 138,554 138,554 100%- The required contribution rates for fiscal year 2009 were determined as part of the December 31, 2006 and 2007 actuarial valuations. Additional information as of the latest actuarial valuation, December 31, 2008, also follows: Actuarial Valuation Date 12/31/06 12/31/07 12/31/08 Actuarial cost method Unit CreditProjected Unit CreditProjected Unit Credit Amortization method Level percent Level percent Level percent of payroll of payroll of payroll Remaining amortization period25 years - open25 years - closed24 years - closed Asset valuation method Amortized costAmortized cost Amortized cost Actuarial Assumptions: Investment rate of return 7%7%7.5% Projected salary increases varies by age varies by age varies by age and service and service and service Inflation 3.0%3.0%3.0% Cost-of-living adjustments N/A 0.0%0.0% (continued) 62 IV. OTHER INFORMATION (Continued) Retirement Plan (Continued) Contributions (Continued) The schedule of funding progress presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liability of benefits. ActuarialActuarialActuarial ActuarialAnnual Accrued Liability ValuationValue of AccruedPercentageAccruedCovered as a Percentage Date Assets LiabilityFundedLiabilityPayrollof Covered Payroll 12/31/2006 773,412$ 821,401$ 94.2% 47,989$ 1,300,610$ 3.7% 12/31/2007 792,775 1,059,135 74.9% 266,360 1,257,653 21.2% 12/31/20081,052,148 1,445,196 72.8% 393,048 1,536,837 25.6% Other Postemployment Benefits Supplemental Death Benefits Fund The Town also participates in the cost sharing multiple-employer defined benefit group term life insurance plan operated by the Texas Municipal Retirement System (TMRS) known as the Supplemental Death Benefits Fund (SDBF). The Town elected, by ordinance to provide group term life insurance coverage to both current and retired employees. The Town may terminate coverage under and discontinue participation in the SDBF by adopting an ordinance before November 1 of any year to be effective the following January 1. The death benefit for active employees provides a lump sum payment approximately equal to the employee’s annual salary (calculated based on the employee’s actual earnings, for the 12-month period preceding the month of death); retired employees are insured for $7,500; this coverage is an “other postemployment benefit,” or OPEB. The Town contributes to the SDBF at a contractually required rate as determined by an annual actuarial valuation. The rate is equal to the cost of providing one-year term life insurance. The funding policy for the SDBF program is to assure that adequate resources are available to meet all death benefit payments for the upcoming year; the intent is not to pre-fund retiree term life insurance during employees’ entire careers. (continued) 63 IV. OTHER INFORMATION (Continued) Other Postemployment Benefits (Continued) Supplemental Death Benefits Fund (Continued) The Town’s contributions to the TMRS SDBF for the fiscal year ended 2009 is $2,141, which equaled the required contributions. Fiscal year 2009 is a transition year for the implementation of GASB 45; therefore, one year of contributions is disclosed. Annual Actual Plan/Required Contribution Percentage Calendar Contribution Made of ARC Year (Rate)(Rate)Contributed 2007 0.18%0.18%100% 2008 0.17%0.17%100% 2009 0.12%0.12%100% Schedule of Contribution Rates Risk Management The Town is exposed to various risks of loss related to torts, theft of, damage to, and destruction of assets; errors and omissions; injuries to employees, and natural disasters. The Town’s general liability, workers’ compensation liability, law enforcement liability, errors and omissions liability, and automobile liability coverage is insured by the Texas Municipal League, a public entity risk pool. The Town’s only responsibility to the Texas Municipal League is to pay premiums for insurance and related deductible amounts of these policies. Other risk of loss is covered by commercial insurance. Settlements of claims have not exceeded coverage in the past three years. Contingent Liabilities Litigation The Town and Academy are currently involved in a lawsuit for wrongful termination brought by the former head of school and his wife, a former teacher. The Town and Academy deny liability. The lawsuit is being handled by the Academy’s insurance carrier and no additional liability to the Academy is anticipated. Various other claims and lawsuits are pending against the Town. In the opinion of Town management, after consultation with legal counsel, the potential loss on these claims and lawsuits will not materially effect the Town’s financial position. (continued) 64 IV. OTHER INFORMATION (Continued) Contingent Liabilities (Continued) Circle T Municipal Utility Districts The Town has agreements in place with Municipal Utility District’s (MUDs) #1 and #3 on the Circle T property in Westlake which is controlled by AIL Investments, L.P. As this property develops, AIL Investments, L.P. agreed to de-annex developed property from the MUDS in exchange for pro-rata payments on water and sewer infrastructure installed by the MUD at their inception. To date, two projects, Chrysler Financial and Deloitte University, have been or are being developed within these MUDs. Discussions regarding the Town’s payment to AIL Investments, L.P. in exchange for de-annexation of these two tracks from the Circle T MUDs have taken place but have not come to a conclusion as to the settlement amounts. These discussions are ongoing until the Town receives full documentation that it determines is adequate to support the requested payments. The Town of Westlake holds full rights and privileges under the State granted Certificate of Convenience and Necessity (CCN) and can serve all water and sewer customers within these MUD boundaries regardless of the status of these negotiations. Westlake Academy Building Site In 2002, the Town purchased 24.59 acres for the site of Westlake Academy and executed a Promissory Note in the amount of $1,475,400 with a rate of 6% interest. The $1,475,400 was placed into escrow in July, 2002. In July, 2003 the Escrow Agent delivered total funds in the amount of $1,495,665 to the “Seller”, leaving a balance of $68,259 at that date. The “Seller” has informed the Town that this amount plus accrued interest is now payable. The Town is in negotiations with the “Seller” and contends that it has satisfied the terms and the intent of the sales agreement. Prior Period Adjustment A prior period adjustment in the amount of $84,508 was made on the government-wide financial statements. This adjustment was made in order to add land of $8,500 that had not previously been capitalized and capitalize costs of $76,008 paid but not previously capitalized. REQUIRED SUPPLEMENTARY INFORMATION GENERAL FUND Variance Favorable Original Amended Actual(Unfavorable) REVENUES Taxes Sales 1,664,352$ 1,700,000$ 1,832,205$ 132,205$ Mixed beverages 13,300 17,750 17,869 119 Franchise 643,780 646,675 624,401 22,274)( Federal program revenues 5,865 180 - 180)( Interest income 54,500 21,950 21,155 795)( Building permits and fees 1,610,175 2,547,570 848,697 1,698,873)( Fines and penalties 650,883 547,460 523,515 23,945)( Contributions from others - 38,840 38,840 - Other miscellaneous income 57,282 90,511 98,242 7,731 Total revenues 4,700,137 5,610,936 4,004,924 1,606,012)( EXPENDITURES Current General government and administration1,778,174 1,670,604 1,519,600 151,004 Public safety1,874,789 1,976,091 1,890,469 85,622 Cultural and recreational119,790 125,154 115,770 9,384 Public works511,468 523,895 378,508 145,387 Economic development500,211 210,758 229,907 19,149)( Capital Outlay 97,500 75,500 62,278 13,222 Total expenditures 4,881,932 4,582,002 4,196,532 385,470 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 181,795)( 1,028,934 191,608)( 1,220,542)( OTHER FINANCING SOURCES (USES) Transfers in402,500 422,500 388,599 33,901)( Transfers out 162,400)( 303,685)( 278,417)( 25,268 Total other financing sources (uses)240,100 118,815 110,182 8,633)( NET CHANGE IN FUND BALANCE 58,305 1,147,749 81,426)( 1,229,175)( FUND BALANCE, BEGINNING 2,806,738 2,806,738 2,806,738 - FUND BALANCE, ENDING 2,865,043$ 3,954,487$ 2,725,312$ 1,229,175)$( TOWN OF WESTLAKE, TEXAS SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES Budgeted Amounts General Fund IN FUND BALANCE - BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 65 Variance Favorable OriginalAmendedActual(Unfavorable) REVENUES Taxes Hotel occupancy 450,000$ 450,000$ 497,769$ 47,769$ Interest income28,000 8,200 7,835 365)( Other miscellaneous income 51,000 53,275 34,019 19,256)( Total revenues 529,000 511,475 539,623 28,148 EXPENDITURES Visitors services 474,477 496,617 341,270 155,347 Total expenditures 474,477 496,617 341,270 155,347 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 54,523 14,858 198,353 183,495 OTHER FINANCING SOURCES (USES) Transfers out (640,050) 663,626)( 404,561)( 259,065 Total other financing sources (uses)640,050)( 663,626)( 404,561)( 259,065 NET CHANGE IN FUND BALANCE 585,527)( 648,768)( 206,208)( 442,560 FUND BALANCE, BEGINNING 1,451,154 1,451,154 1,451,154 - FUND BALANCE, ENDING 865,627$ 802,386$ 1,244,946$ 442,560$ SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES Budgeted Amounts TOWN OF WESTLAKE, TEXAS IN FUND BALANCE - BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 VISITORS ASSOCIATION FUND 66 WESTLAKE ACADEMY Variance Favorable OriginalAmended Actual (Unfavorable) REVENUES 3,125,666$ 3,132,603$ 3,163,129$ 30,526$ 61,768 57,440 56,134 1,306)( Interest income- 5,500 4,617 883)( Other miscellaneous income 540,212 575,855 534,375 41,480)( Total revenues 3,727,646 3,771,398 3,758,255 13,143)( EXPENDITURES Education3,558,159 3,776,222 3,722,705 53,517 Debt Service Principal Retirement 42,000 78,413 78,937 524)( Interest - 4,578 4,054 524 Total expenditures 3,600,159 3,859,213 3,805,696 53,517 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 127,487 87,815)( 47,441)( 40,374)( OTHER FINANCING SOURCES (USES) Proceeds from Capital Leases - 124,487 117,640 6,847 Transfers out - 212,500)( 200,000)( 12,500 Total other financing sources (uses)- 88,013)( 82,360)( 5,653)( NET CHANGE IN FUND BALANCE 127,487 175,828)( 129,801)( 46,027 FUND BALANCE, BEGINNING 634,454 634,454 634,454 - FUND BALANCE, ENDING 761,941$ 458,626$ 504,653$ 46,027$ Federal program revenues TOWN OF WESTLAKE, TEXAS IN FUND BALANCE - BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED AUGUST 31, 2009 State program revenues SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES Budgeted Amounts 67 Variance Favorable OriginalAmended Actual (Unfavorable) REVENUES Contributions -$ 218,211$ 360,938$ 142,727$ Total revenues - 218,211 360,938 142,727 EXPENDITURES Public Works - 294,781 463,314 168,533)( Total expenditures - 294,781 463,314 168,533)( EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES - 76,570)( 102,376)( 25,806)( OTHER FINANCING SOURCES (USES) Transfers in - - 25,814 25,814 Total other financing sources (uses)- - 25,814 25,814 NET CHANGE IN FUND BALANCE - 76,570)( 76,562)( 8 FUND BALANCE, BEGINNING 76,570 76,570 76,570 - FUND BALANCE, ENDING 76,570$ -$ 8$ 8$ Budgeted Amounts TOWN OF WESTLAKE, TEXAS SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 FM 1938 FUND 68 PROPERTY TAX REDUCTION FUND Variance Favorable OriginalAmended Actual (Unfavorable) REVENUES Taxes Sales 832,176$ 850,000$ 916,102$ 66,102$ Interest income 7,500 5,000 4,728 272)( Total revenues 839,676 855,000 920,830 65,830 EXPENDITURES General government - - - - Total expenditures - - - - EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 839,676 855,000 920,830 65,830 OTHER FINANCING SOURCES (USES) Transfers out 325,000)( 325,000)( 358,461)( 33,461)( Total other financing sources (uses)325,000)( 325,000)( 358,461)( 33,461)( NET CHANGE IN FUND BALANCE 514,676 530,000 562,369 32,369 FUND BALANCE, BEGINNING 505,665 505,665 505,665 - FUND BALANCE, ENDING 1,020,341$ 1,035,665$ 1,068,034$ 32,369$ SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES Budgeted Amounts TOWN OF WESTLAKE, TEXAS IN FUND BALANCE - BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 69 Variance Favorable OriginalAmended Actual (Unfavorable) REVENUES Interest income -$ 100$ 110$ 10$ Total revenues - 100 110 10 EXPENDITURES General government - - - - Total expenditures - - - - NET CHANGE IN FUND BALANCE - 100 110 10 FUND BALANCE, BEGINNING 13,459 13,459 13,459 - FUND BALANCE, ENDING 13,459$ 13,559$ 13,569$ 10$ Budgeted Amounts TOWN OF WESTLAKE, TEXAS SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 LONE STAR PUBLIC FACILITY CORPORATION 70 Variance Favorable OriginalAmended Actual (Unfavorable) REVENUES Taxes Sales 832,176$ 850,000$ 916,102$ 66,102$ Interest income - 1,100 1,139 39 Total revenues 832,176 851,100 917,241 66,141 EXPENDITURES General government - - - - Total expenditures - - - - EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 832,176 851,100 917,241 66,141 OTHER FINANCING SOURCES (USES) Transfers out 861,907)( 880,731)( 1,132,726)( 251,995)( Total other financing sources (uses)861,907)( 880,731)( 1,132,726)( 251,995)( NET CHANGE IN FUND BALANCE 29,731)( 29,631)( 215,485)( 185,854)( FUND BALANCE, BEGINNING 512,793 512,793 512,793 - FUND BALANCE, ENDING 483,062$ 483,162$ 297,308$ 185,854)$( Budgeted Amounts TOWN OF WESTLAKE, TEXAS SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 4B ECONOMIC DEVELOPMENT CORPORATION 71 VEHICLE/EQUIPMENT REPLACEMENT FUND Variance Favorable OriginalAmendedActual(Unfavorable) REVENUES Building permits and fees -$ -$ 12,000$ 12,000$ Total revenues - - 12,000 12,000 EXPENDITURES Capital Outlay 6,900 14,000 1,954 12,046 Total expenditures 6,900 14,000 1,954 12,046 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 6,900)( 14,000)( 10,046 24,046 OTHER FINANCING SOURCES (USES) Transfers in 56,900 64,000 51,954 12,046)( Total other financing sources (uses)56,900 64,000 51,954 12,046)( NET CHANGE IN FUND BALANCE 50,000 50,000 62,000 12,000 FUND BALANCE, BEGINNING - - - - FUND BALANCE, ENDING 50,000$ 50,000$ 62,000$ 12,000$ SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES Budgeted Amounts TOWN OF WESTLAKE, TEXAS IN FUND BALANCE - BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 72 73 TOWN OF WESTLAKE, TEXAS NOTES TO REQUIRED SUPPLEMENTARY INFORMATION SEPTEMBER 30, 2009 (Unaudited) BUDGETARY INFORMATION - The Town follows these procedures annually in establishing the budgetary data reflected in the budgetary comparison schedules: 1. The Town Manager submits to the Town Council a proposed budget for the fiscal year commencing the following October 1. The budget includes proposed expenditures and the means of financing them. 2. Prior to October 1, the budget is legally adopted through passage of an ordinance. This budget is reported as the Original Budget in the budgetary comparison schedules. 3. During the fiscal year, changes to the adopted budget may be authorized, as follows: a) Items requiring Town Council action - appropriation of fund balance reserves; transfers of appropriations between funds; new inter-fund loans or advances; and creation of new capital projects or increases to existing capital projects. b) Items delegated to the Town Manager – appropriation balances from an expenditure account to another within a single fund 4. Annual budgets are legally adopted and amended as required for the general, special revenue and debt service funds. Project length budgets are adopted for the capital projects funds. All budgets are adopted on a basis consistent with generally accepting accounting principles. Budgets are adopted for the proprietary funds annually only as a management tool. There are no legally mandated budgetary constraints for the proprietary funds. 5. Budget amounts are reflected after all authorized amendments and revisions. This budget is reported as the Final Budget in the budgetary comparison schedules. 6. The appropriated budget is prepared by fund, function and department. The Town’s management may make transfers of appropriations within a fund. Transfers of appropriations between funds require the approval of the Town Council. The legal level of budgetary control is the fund level. The Town Council made several supplementary budget appropriations during the year. 7. Encumbrances represent commitments related to unperformed contracts for goods or services. Encumbrance accounting under which purchase orders, contracts and other commitments for the expenditure of resources are recoded to reserve that portion of the applicable appropriation, is utilized in the governmental funds. Encumbrances lapse at year-end and do not constitute expenditures or liabilities because the commitments must be reappropriated and honored during the subsequent year. 8. Expenditures exceeded appropriations in the Economic Development function of the General Fund. The excess was covered by unspent budget in other functions and available fund balances. Expenditures exceeded appropriations in the FM 1938 Fund for the year. The deficit was covered by operating transfers in from other funds and contributions. In addition, transfers out exceeded appropriations in the Property Tax Reduction Fund and 4B Economic Development Corporation Fund. These deficits were covered by additional collections of revenue. INDIVIDUAL FUND SCHEDULE Variance Final BudgetedFavorable AmountsActual(Unfavorable) REVENUES Contributions -$ -$ -$ Total revenues - - - EXPENDITURES Debt service Principal retirement 644,573 515,000 129,573 Interest and other fiscal charges 857,384 986,587 129,203)( Total expenditures 1,501,957 1,501,587 370 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 1,501,957)( 1,501,587)( 370 OTHER FINANCING SOURCES (USES) Transfers in 1,501,957 1,501,587 370)( Total other financing sources (uses)1,501,957 1,501,587 370)( NET CHANGE IN FUND BALANCE - - - FUND BALANCE, BEGINNING - - - FUND BALANCE, ENDING -$ -$ -$ SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES TOWN OF WESTLAKE, TEXAS IN FUND BALANCE - BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2009 DEBT SERVICE FUND 74 STATISTICAL SECTION STATISTICAL SECTION (Unaudited) This part of the Town of Westlake, Texas’ comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures and required supplementary information says about the Town’s overall financial health. Contents Page Financial Trends These schedules contain trend information to help the reader understand how the Town’s financial performance and well-being have changed over time. 75-80 Revenue Capacity This schedule contains information to help the reader assess the Town’s most significant local revenue sources. Although sales taxes are the Town’s most significant local revenue source, information about principal revenue payers is confidential under Texas statutes, and; therefore, not disclosed. Trend information about sales tax revenue is provided in Table 5. 81 Debt Capacity These schedules present information to help the reader assess the affordability of the Town’s current levels of outstanding debt and the Town’s ability to issue additional debt in the future. 82-83 Demographic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the Town’s financial activities take place. 84-85 Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the Town’s financial report relates to the services the Town provides and the activities it performs. 86-88 Sources: Unless otherwise noted, the information in these schedules is derived from annual financial reports for the relevant year. Table 1 20 0 5 20 0 6 20 0 7 20 0 8 2009 Go v e r n m e n t a l a c t i v i t i e s : In v e s t e d i n c a pit a l a s s e t s , n e t o f r e l a t e d d e b t 7, 9 7 5 , 9 1 0 $ 9, 1 7 1 , 6 5 7 $ 9, 6 4 6 , 6 4 4 $ 10 , 3 1 3 , 7 4 3 $ 13,244,689$ Re s t r i c t e d - 1, 4 0 6 , 7 5 6 1, 7 1 9 , 7 7 1 2, 0 0 4 , 7 6 3 1,773,068 Un r e s t r i c t e d 1, 5 5 7 , 3 9 4 3 , 0 2 3 , 8 7 5 3 , 3 0 5 , 5 4 2 3 , 8 3 5 , 7 5 1 4,110,185 To t a l g o v e r n m e n t a l a c t i v i t i e s n e t a s s e t s 9, 5 3 3 , 3 0 4 $ 1 3 , 6 0 2 , 2 8 8 $ 1 4 , 6 7 1 , 9 5 7 $ 1 6 , 1 5 4 , 2 5 7 $ 19,127,942$ Bu s i n e s s - t yp e a c t i v i t i e s : In v e s t e d i n c a pit a l a s s e t s , n e t o f r e l a t e d d e b t 8, 4 5 0 , 7 8 1 $ 8, 4 3 6 , 7 2 9 $ 8, 0 9 7 , 8 0 7 $ 7, 7 2 6 , 5 7 6 $ 7,349,032$ Un r e s t r i c t e d 1, 6 2 1 , 2 7 3 ) ( 1 , 8 4 6 , 8 5 1 ) ( 2 , 0 0 8 , 2 4 3 ) ( 1 , 9 9 7 , 2 8 1 ) ( 1,945,578)( To t a l b u s i n e s s - t y p e a c t i v i t i e s n e t a s s e t s 6, 8 2 9 , 5 0 8 $ 6 , 5 8 9 , 8 7 8 $ 6 , 0 8 9 , 5 6 4 $ 5 , 7 2 9 , 2 9 5 $ 5,403,454$ Pr i m a r y g o v e r n m e n t : In v e s t e d i n c a pit a l a s s e t s , n e t o f r e l a t e d d e b t 16 , 4 2 6 , 6 9 1 $ 17 , 6 0 8 , 3 8 6 $ 17 , 7 4 4 , 4 5 1 $ 18 , 0 4 0 , 3 1 9 $ 20,593,721$ Re s t r i c t e d - 1, 4 0 6 , 7 5 6 1, 7 1 9 , 7 7 1 2, 0 0 4 , 7 6 3 1,773,068 Un r e s t r i c t e d 63 , 8 7 9 ) ( 1 , 1 7 7 , 0 2 4 1 , 2 9 7 , 2 9 9 1 , 8 3 8 , 4 7 0 2,164,607 To t a l p r i m a r y g o v e r n m e n t n e t a s s e t s 16 , 3 6 2 , 8 1 2 $ 2 0 , 1 9 2 , 1 6 6 $ 2 0 , 7 6 1 , 5 2 1 $ 2 1 , 8 8 3 , 5 5 2 $ 24,531,396$ No t e : T h e T o w n b e g a n t o r e p o r t a c c r u a l i n f o r m a t i o n w h e n i t i m p l e m e n t e d G A S B S t a t e m e n t 3 4 i n f i s c a l y e a r 2 0 0 4 . So u r c e : A n n u a l f i n a n c i a l r e p o r t s Fi s c a l Y e a r TO W N O F W E S T L A K E , T E X A S NE T A S S E T S B Y C O M P O N E N T LA S T F I V E F I S C A L Y E A R S (A c c r u a l B a s i s o f A c c o u n t i n g - u n a u d i t e d ) 75 Table 2 EX P E N S E S 20 0 5 20 0 6 20 0 7 20 0 8 2009 Go v e r n m e n t a l a c t i v i t i e s : Ge n e r a l gov e r n m e n t 2, 1 6 2 , 3 6 5 $ 1, 8 1 1 , 2 8 1 $ 1, 9 4 1 , 2 8 9 $ 2, 0 3 1 , 4 6 0 $ 2,203,882$ Pu b l i c S a f e t y 1, 5 9 2 , 9 6 2 1 , 7 0 5 , 5 2 8 1 , 7 3 8 , 0 8 0 1 , 7 9 5 , 7 8 2 1 , 9 3 9 , 4 4 1 Cu l t u r a l a n d R e c r e a t i o n a l 9 6 , 6 1 7 9 1 , 4 4 4 8 6 , 5 6 0 1 2 9 , 6 4 1 1 1 5 , 7 7 0 Ec o n o m i c D e v e l o pme n t 34 9 , 2 0 8 3 5 , 7 5 9 1 2 0 , 7 5 3 4 7 3 , 4 5 1 2 0 7 , 0 4 4 Pu b l i c W o r k s 34 2 , 5 0 0 6 1 3 , 9 5 6 4 5 5 , 4 8 1 1 , 0 1 3 , 8 0 4 1 , 0 2 8 , 9 3 4 Vi s i t o r S e r v i c e s 4 4 8 , 6 0 4 3 9 3 , 1 1 5 2 1 7 , 9 9 2 3 1 2 , 7 7 7 3 4 1 , 2 7 0 Ed u c a t i o n 2 , 1 6 6 , 2 5 6 2 , 2 4 9 , 9 9 8 2 , 6 7 2 , 6 9 8 3 , 3 0 5 , 2 2 0 3 , 7 2 2 , 7 0 5 In t e r e s t o n l o n g-t e r m d e b t 1, 0 2 8 , 1 0 4 1, 0 2 1 , 7 7 9 86 9 , 3 2 7 99 1 , 1 8 4 1,068,935 To t a l gov e r n m e n t a l a c t i v i t i e s e x pen s e s 8, 1 8 6 , 6 1 6 7, 9 2 2 , 8 6 0 8, 1 0 2 , 1 8 0 10 , 0 5 3 , 3 1 9 10,627,981 Bu s i n e s s - t yp e a c t i v i t i e s : Wa t e r a n d S e w e r 1 , 8 8 8 , 0 6 4 2 , 1 3 7 , 8 3 1 2 , 2 0 6 , 6 1 8 2 , 4 1 0 , 7 6 5 2 , 6 9 4 , 4 0 7 Ce m e t e r y - - - 13 , 2 9 9 473 To t a l b u s i n e s s - t y p e a c t i v i t i e s e x p e n s e s 1, 8 8 8 , 0 6 4 2 , 1 3 7 , 8 3 1 2 , 2 0 6 , 6 1 8 2 , 4 2 4 , 0 6 4 2,694,880 To t a l pri m a r y gov e r n m e n t pro gra m e x pen s e s 10 , 0 7 4 , 6 8 0 $ 10 , 0 6 0 , 6 9 1 $ 10 , 3 0 8 , 7 9 8 $ 12 , 4 7 7 , 3 8 3 $ 13,322,861$ PR O G R A M R E V E N U E S Go v e r n m e n t a l a c t i v i t i e s : Fe e s , f i n e s , a n d c h a r ges f o r s e r v i c e s : Ge n e r a l G o v e r n m e n t 1 , 0 3 9 , 2 1 4 $ 7 4 2 , 1 7 6 $ 7 8 5 , 7 7 1 $ 5 2 2 , 2 1 5 $ 6 7 7 , 9 4 8 $ Pu b l i c S a f e t y 45 , 2 1 3 1 3 6 , 8 7 0 1 6 5 , 2 5 5 1 1 3 , 7 5 5 1 0 7 , 6 3 4 Pu b l i c W o r k s 71 1 , 6 5 5 6 9 9 , 7 5 3 6 2 5 , 3 4 0 9 0 2 , 8 7 5 5 9 4 , 3 3 8 Ed u c a t i o n 3 9 , 4 3 0 9 8 , 3 5 7 8 5 , 9 2 5 4 2 , 8 3 9 9 8 , 3 1 4 Oper a t i n g gra n t s a n d c o n t r i b u t i o n s 1, 6 4 6 , 4 3 8 3, 6 8 6 , 9 6 4 1, 2 5 7 , 0 5 8 1, 2 9 6 , 3 7 8 1,522,935 Ca pit a l gra n t s a n d c o n t r i b u t i o n s 14 1 , 1 3 9 1, 4 5 5 , 6 2 6 - - 2,059,624 To t a l gov e r n m e n t a l a c t i v i t i e s pro gra m r e v e n u e s 3, 6 2 3 , 0 8 9 6, 8 1 9 , 7 4 6 2, 9 1 9 , 3 4 9 2, 8 7 8 , 0 6 2 5,060,793 Bu s i n e s s - t yp e a c t i v i t i e s : Ch a r ges f o r s e r v i c e s : Wa t e r a n d S e w e r 1, 7 2 2 , 6 5 9 1 , 8 4 2 , 2 3 8 1 , 6 5 7 , 1 8 6 2 , 0 3 7 , 3 0 6 2 , 3 4 5 , 2 3 6 Ce m e t e r y - - - 2,100 - Oper a t i n g gra n t s a n d c o n t r i b u t i o n s 37 0 , 5 5 1 1 9 , 6 5 3 - - - Ca pit a l gra n t s a n d c o n t r i b u t i o n s - - - 16 9 , 0 3 4 - To t a l b u s i n e s s - t yp e a c t i v i t i e s pro gra m r e v e n u e s 2, 0 9 3 , 2 1 0 1, 8 6 1 , 8 9 1 1, 6 5 7 , 1 8 6 2, 2 0 8 , 4 4 0 2,345,236 To t a l pri m a r y gov e r n m e n t pro gra m r e v e n u e s 5, 7 1 6 , 2 9 9 $ 8, 6 8 1 , 6 3 7 $ 4, 5 7 6 , 5 3 5 $ 5, 0 8 6 , 5 0 2 $ 7,406,029$ (Continued) TO W N O F W E S T L A K E , T E X A S CH A N G E S I N N E T A S S E T S LA S T F I V E F I S C A L Y E A R S (A c c r u a l b a s i s o f a c c o u n t i n g - U n a u d i t e d ) Fi s c a l Y e a r 76 Table 2 TO W N O F W E S T L A K E , T E X A S CH A N G E S I N N E T A S S E T S LA S T F I V E F I S C A L Y E A R S (A c c r u a l b a s i s o f a c c o u n t i n g - U n a u d i t e d ) 20 0 5 20 0 6 20 0 7 20 0 8 2009 NE T (EX P E N S E ) R E V E N U E S Go v e r n m e n t a l a c t i v i t i e s 4, 5 6 3 , 5 2 7 ) $( 1, 1 0 3 , 1 1 4 ) $( 5, 1 8 2 , 8 3 1 ) $( 7, 1 7 5 , 2 5 7 ) $( 5,567,188)$( Bu s i n e s s - t yp e a c t i v i t i e s 20 5 , 1 4 6 27 5 , 9 4 0 ) ( 54 9 , 4 3 2 ) ( 21 5 , 6 2 4 ) ( 349,644)( To t a l pri m a r y gov e r n m e n t n e t e x pen s e 4, 3 5 8 , 3 8 1 ) ( 1, 3 7 9 , 0 5 4 ) ( 5, 7 3 2 , 2 6 3 ) ( 7, 3 9 0 , 8 8 1 ) ( 5,916,832)( GE N E R A L R E V E N U E S A N D O T H E R CH A N G E S I N N E T A S S E T S Go v e r n m e n t a l a c t i v i t i e s : Ta x e s Sa l e s 9 9 4 , 6 0 6 $ 1 , 8 1 0 , 7 0 6 $ 2 , 1 9 7 , 7 5 6 $ 3 , 5 9 0 , 5 7 5 $ 3 , 6 6 4 , 4 0 9 $ Ho t e l O c c u pan c y 38 1 , 2 2 1 4 1 5 , 5 4 4 4 5 8 , 4 7 1 5 2 7 , 6 6 2 4 9 7 , 7 6 9 Mi x e d B e v e r a ge 13 , 8 4 6 1 3 , 6 7 4 1 4 , 0 6 6 1 6 , 1 7 7 1 7 , 8 6 9 Fr a n c h i s e 3 5 2 , 1 1 5 4 5 7 , 0 0 4 5 6 0 , 3 1 2 6 4 9 , 1 0 8 6 2 4 , 4 0 1 Un r e s t r i c t e d gra n t s a n d c o n t r i b u t i o n s 1, 7 2 2 , 1 9 8 1, 8 2 2 , 2 0 0 2, 2 5 9 , 6 4 3 2, 5 0 0 , 8 1 7 2,960,590 In v e s t m e n t e a r n i n gs 41 , 8 0 2 98 , 8 2 4 2 6 1 , 6 2 2 1 8 8 , 4 5 9 6 1 , 2 2 4 Mi s c e l l a n e o u s 6 4 , 0 4 7 4 4 8 , 8 2 7 4 6 6 , 6 5 4 5 6 4 , 9 7 3 5 6 8 , 7 8 2 Tr a n s f e r s 71 , 8 5 7 45 , 3 1 9 33 , 9 7 6 22 0 , 8 1 9 61,321 To t a l gov e r n m e n t a l a c t i v i t i e s 3, 6 4 1 , 6 9 2 5, 1 1 2 , 0 9 8 6, 2 5 2 , 5 0 0 8, 2 5 8 , 5 9 0 8,456,365 Bu s i n e s s - t yp e a c t i v i t i e s : In v e s t m e n t e a r n i n gs 2, 4 1 6 2 5 , 6 0 4 4 6 , 1 5 8 3 2 , 1 0 3 7 , 8 5 8 Mi s c e l l a n e o u s - 5 6 , 0 2 5 3 6 , 9 3 6 4 4 , 0 7 1 7 7 , 2 6 6 Tr a n s f e r s 71 , 8 5 7 ) ( 45 , 3 1 9 ) ( 33 , 9 7 6 ) ( 22 0 , 8 1 9 ) ( 61,321)( To t a l b u s i n e s s - t yp e a c t i v i t i e s 69 , 4 4 1 ) ( 36 , 3 1 0 49 , 1 1 8 14 4 , 6 4 5 ) ( 23,803 To t a l pri m a r y gov e r n m e n t 3, 5 7 2 , 2 5 1 5, 1 4 8 , 4 0 8 6, 3 0 1 , 6 1 8 8, 1 1 3 , 9 4 5 8,480,168 CH A N G E I N N E T A S S E T S Go v e r n m e n t a l a c t i v i t i e s 9 2 1 , 8 3 5 ) ( 4, 0 0 8 , 9 8 4 1 , 0 6 9 , 6 6 9 1 , 0 8 3 , 3 3 3 2 , 8 8 9 , 1 7 7 Bu s i n e s s - t yp e a c t i v i t i e s 13 5 , 7 0 5 23 9 , 6 3 0 ) ( 50 0 , 3 1 4 ) ( 36 0 , 2 6 9 ) ( 325,841)( To t a l pri m a r y gov e r n m e n t 78 6 , 1 3 0 ) $( 3, 7 6 9 , 3 5 4 $ 56 9 , 3 5 5 $ 72 3 , 0 6 4 $ 2,563,336$ Not e : T h e T o w n b e gan t o r e por t a c c r u a l i n f o r m a t i o n w h e n i t i m ple m e n t e d G A S B S t a t e m e n t 3 4 i n f i s c a l yea r 2 0 0 4 . So u r c e : A n n u a l f i n a n c i a l r e por t s (Concluded) Fi s c a l Y e a r 77 Table 3 20 0 0 2 0 0 1 2 0 0 2 2 0 0 3 2 0 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 Ge n e r a l f u n d Re s e r v e d - $ - $ - $ - $ 3 2 9 , 6 0 8 $ 13 1 , 6 5 7 $ 43 4 , 3 7 5 $ 563,176$ 303,639$ 193,105$ Un r e s e r v e d 1, 9 0 7 , 0 2 1 2 , 0 0 6 , 3 4 8 1 , 7 0 0 , 0 2 5 1 , 6 0 8 , 2 4 8 6 7 0 , 4 6 5 8 0 5 , 7 6 9 2 , 8 5 0 , 7 8 9 2 , 5 3 3 , 1 2 3 2,503,099 2,532,207 To t a l g e n e r a l f u n d 1, 9 0 7 , 0 2 1 $ 2 , 0 0 6 , 3 4 8 $ 1 , 7 0 0 , 0 2 5 $ 1 , 6 0 8 , 2 4 8 $ 1 , 0 0 0 , 0 7 3 $ 9 3 7 , 4 2 6 $ 3 , 2 8 5 , 1 6 4 $ 3 , 0 9 6 , 2 9 9 $ 2,806,738$ 2,725,312$ Al l o t h e r g o v e r n m e n t a l f u n d s Re s e r v e d Sp e c i a l r e v e n u e f u n d s 4 , 8 4 3 , 6 9 0 $ 6 , 0 0 2 , 6 2 3 $ 5 , 2 8 7 , 7 5 8 $ 5 3 9 , 0 1 9 $ 81 8 , 5 2 5 $ 77 9 , 2 4 4 $ 86 9 , 6 9 4 $ 1 , 1 8 3 , 0 2 0 $ 1 , 5 2 7 , 7 2 4 $ 1,256,954$ Ca p i t a l p r o j e c t s f u n d s - - 1 1 , 0 7 1 , 3 2 0 2, 7 4 8 , 5 7 9 21 3 , 2 9 7 - 1 0 2 , 6 8 7 102,376 3,233,471 323,009 Un r e s e r v e d , r e p o r t e d i n : Sp e c i a l r e v e n u e f u n d s - - - - 1 2 , 3 9 1 1 8 1 , 9 6 0 4 2 7 , 7 2 0 8 4 6 , 2 1 4 1,666,371 1,933,564 To t a l a l l o t h e r g o v e r n m e n t a l f u n d s 4, 8 4 3 , 6 9 0 $ 6 , 0 0 2 , 6 2 3 $ 1 6 , 3 5 9 , 0 7 8 $ 3 , 2 8 7 , 5 9 8 $ 1 , 0 4 4 , 2 1 3 $ 9 6 1 , 2 0 4 $ 1 , 4 0 0 , 1 0 1 $ 2 , 1 3 1 , 6 1 0 $ 6,427,566$ 3,513,527$ No t e : E c o n o m i c D e v e l o p m e n t F u n d s w e r e c l a s s i f i e d a s s p e c i a l r e v e n u e f u n d s t h r o u g h F Y 2 0 0 2 a n d c o n s i d e r e d d i s c r e t e l y p r e s e n t e d c o m p o n e n t u n i t s t h r o u g h F Y 2 0 0 7 . U p o n fu r t h e r c o n s i d e r a t i o n , t h e 4 B E c o n o m i c D e v e l o p m e n t C o r p o r a t i o n a n d L o n e S t a r P u b l i c F a c i l i t y C o r p o r a t i o n f u n d s a r e n o w c l a s s i f i e d a s b l e n d e d c o m p o n e n t u n i t s . So u r c e : A n n u a l f i n a n c i a l r e p o r t s - n o a u d i t s w e r e a v a i l a b l e p r i o r t o f i s c a l y e a r 2 0 0 0 . LA S T T E N F I S C A L Y E A R S (M o d i f i e d A c c r u a l B a s i s o f A c c o u n t i n g - u n a u d i t e d ) Fi s c a l Y e a r TO W N O F W E S T L A K E , T E X A S FU N D B A L A N C E S GO V E R N M E N T A L F U N D S 78 Table 4 20 0 0 2 0 0 1 2 0 0 2 2 0 0 3 2 0 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 RE V E N U E S Ta x e s 3, 0 8 6 , 6 1 8 $ 2, 6 6 3 , 7 3 8 $ 1, 8 6 3 , 2 5 5 $ 1, 8 7 4 , 3 1 2 $ 1, 6 5 6 , 6 2 8 $ 1, 7 4 1 , 7 8 8 $ 2, 6 9 6 , 9 2 8 $ 3, 2 3 0 , 6 0 5 $ 4,783,522$ 4,804,448$ Li c e n s e s , f e e s a n d p e r m i t s 4 7 7 , 8 4 9 70 0 , 3 1 3 25 3 , 9 1 9 50 8 , 1 5 4 80 2 , 0 6 0 74 0 , 0 2 7 74 8 , 0 1 6 90 0 , 1 2 1 1,108,083 860,697 Fi n e s a n d p e n a l t i e s 7, 8 6 7 40 1 , 7 5 5 54 8 , 3 7 5 68 0 , 7 9 4 1, 0 0 7 , 1 4 2 75 1 , 0 3 6 65 1 , 0 9 0 554,376 523,515 St a t e p r o g r a m r e v e n u e s 53 , 3 0 9 99 5 , 7 8 4 1, 5 9 7 , 3 6 2 1, 9 2 5 , 0 4 3 2, 3 8 7 , 7 3 3 2,673,680 3,163,129 Fe d e r a l p r o g r a m r e v e n u e s 31 1 , 2 9 8 46 2 , 3 1 5 28 5 , 3 9 2 75 , 6 6 2 49 , 2 0 0 75,207 56,134 In v e s t m e n t e a r n i n g s 34 9 , 3 2 1 34 3 , 1 0 7 35 1 , 2 4 3 15 1 , 5 9 1 33 , 1 8 0 41 , 7 8 6 98 , 8 2 4 26 1 , 6 2 2 188,459 61,224 Co n t r i b u t i o n s 1, 2 8 6 , 6 1 1 1, 3 2 4 , 2 6 4 4, 9 6 4 , 0 8 5 1, 0 7 9 , 7 6 8 1,048,308 1,264,262 Ot h e r r e v e n u e s 10 2 , 3 8 0 1 , 4 7 5 2 3 3 , 6 7 5 1 6 , 0 9 9 1 8 4 , 2 2 1 2 9 2 , 6 9 0 5 4 7 , 1 8 4 5 5 2 , 5 7 9 607,812 673,400 To t a l r e v e n u e s 4, 0 2 4 , 0 3 5 3 , 7 0 8 , 6 3 3 3 , 1 0 3 , 8 4 7 3 , 4 6 3 , 1 3 8 6 , 1 0 1 , 5 9 3 7 , 0 3 0 , 4 5 1 1 1 , 8 0 6 , 7 7 8 9 , 1 1 2 , 7 1 8 11,039,447 11,406,809 EX P E N D I T U R E S G e n e r a l g o v e r n m e n t 1, 8 3 4 , 7 4 1 85 7 , 2 1 7 1, 5 9 2 , 5 9 7 1, 0 8 7 , 3 6 8 1, 7 2 5 , 2 1 1 2, 2 4 3 , 1 6 2 2, 5 4 2 , 2 9 5 1, 3 8 5 , 4 9 2 1,516,346 1,519,600 P u b l i c s a f e t y - 4 0 9 , 5 1 2 1, 0 0 7 , 5 8 9 1, 2 8 2 , 1 1 2 1, 5 4 7 , 8 5 7 1, 5 5 4 , 1 1 5 1, 6 2 7 , 6 4 1 1, 6 6 5 , 8 7 9 1,731,317 1,890,469 C u l t u r a l a n d r e c r e a t i o n a l - 5, 9 6 7 10 , 4 7 2 14 , 0 4 3 9, 0 9 9 96 , 6 1 7 91 , 4 4 4 86 , 5 6 0 129,641 115,770 E c o n o m i c d e v e l o p m e n t - 6 6 1 , 0 7 7 1, 0 9 3 , 6 7 3 56 , 8 3 2 53 , 0 0 6 35 , 7 5 8 35 , 7 5 9 14 1 , 1 9 7 495,071 229,907 P u b l i c w o r k s - - - 6 8 , 9 7 9 12 5 , 4 9 9 11 2 , 7 6 4 43 4 , 7 1 6 27 6 , 7 8 9 846,604 841,822 P r o t e c t i v e i n s p e c t i o n - - - 1 8 7 , 9 2 2 80 , 9 3 5 - - - - - V i s i t o r s e r v i c e s - - - 1 3 1 , 3 9 5 17 2 , 5 4 2 44 8 , 6 0 4 39 3 , 1 1 5 22 6 , 9 9 2 312,777 341,270 E d u c a t i o n - - - 1 5 6 , 8 7 0 1, 3 6 8 , 1 1 3 1, 8 7 7 , 3 9 8 2, 2 4 9 , 9 9 8 2, 6 7 2 , 6 9 8 3,305,220 3,722,705 De b t se r v i c e Pr i n c i p a l - - - 1 , 4 7 5 , 4 0 0 - - 3 5 0 , 0 0 0 47 0 , 0 0 0 395,000 593,937 In t e r e s t - - 78 , 0 1 2 83 6 , 5 3 3 98 6 , 5 3 4 1, 0 2 8 , 1 0 4 1, 0 2 8 , 6 3 4 1, 2 4 0 , 9 5 0 923,944 990,641 Bo n d i s s u a n c e c o s t - - - - - - - - 3 3 , 0 0 0 - C a p i t a l o u t l a y - 1 7 4 , 9 5 9 1 , 3 4 4 , 1 3 7 1 4 , 0 9 6 , 5 3 3 2 , 9 1 7 , 1 8 5 2 6 3 , 6 8 1 3 7 1 , 8 6 0 8 3 6 , 7 8 7 463,918 4,335,114 To t a l e x p e n d i t u r e s 1, 8 3 4 , 7 4 1 2 , 1 0 8 , 7 3 2 5 , 1 2 6 , 4 8 0 1 9 , 3 9 3 , 9 8 7 8 , 9 8 5 , 9 8 1 7 , 6 6 0 , 2 0 3 9 , 1 2 5 , 4 6 2 9 , 0 0 3 , 3 4 4 10,152,838 14,581,235 EX C E S S ( D E F I C I E N C Y ) OF R E V E N U E S O V E R (U N D E R ) E X P E N D I T U R E S 2, 1 8 9 , 2 9 4 $ 1 , 5 9 9 , 9 0 1 $ 2 , 0 2 2 , 6 3 3 ) $( 1 5 , 9 3 0 , 8 4 9 ) $( 2 , 8 8 4 , 3 8 8 ) $( 6 2 9 , 7 5 2 ) $( 2 , 6 8 1 , 3 1 6 $ 1 0 9 , 3 7 4 $ 886,609$ 3,174,426)$( (Continued) Fi s c a l Y e a r TO W N O F W E S T L A K E , T E X A S CH A N G E S I N F U N D B A L A N C E S , G O V E R N M E N T A L F U N D S LA S T T E N F I S C A L Y E A R S (M o d i f i e d A c c r u a l B a s i s o f A c c o u n t i n g - u n a u d i t e d ) 79 Table 4 20 0 0 2 0 0 1 2 0 0 2 2 0 0 3 2 0 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 Fi s c a l Y e a r TO W N O F W E S T L A K E , T E X A S CH A N G E S I N F U N D B A L A N C E S , G O V E R N M E N T A L F U N D S LA S T T E N F I S C A L Y E A R S (M o d i f i e d A c c r u a l B a s i s o f A c c o u n t i n g - u n a u d i t e d ) OT H E R F I N A N C I N G SO U R C E S ( U S E S ) : Pr o c e e d s f r o m s a l e o f l a n d - $ - $ - $ - $ - $ 4 1 2 , 2 3 9 $ - $ - $ -$ -$ Is s u a n c e o f d e b t - - 1 2 , 4 0 0 , 0 0 0 6 , 3 5 1 , 6 1 3 - - - - 2 , 5 0 0 , 0 0 0 117,640 Re f u n d i n g b o n d s i s s u e d - - - - - - - 7 , 4 6 5 , 0 0 0 - - Pa yme n t s t o b o n d e s c r o w a ge - - - - - - - 7 , 0 8 8 , 7 0 6 ) ( - - Co s t t o i s s u e d e b t - - - 4 5 1 , 6 1 3 ) ( - - - - - - Pr o c e e d s f r o m c a p i t a l l e a s e - - - - - - - 2 3 , 0 0 0 - - Tr a n s f e r i n f r o m c o m p o n e n t u - - - 1 , 1 5 5 , 9 1 2 - - - - - - Tr a n s f e r s i n 83 , 3 6 6 - 5 8 8 , 8 5 2 22 5 , 0 0 0 - 1 7 2 , 0 1 0 70 4 , 5 7 7 1, 2 1 2 , 5 5 8 2,160,174 2,435,486 Tr a n s f e r s o u t 75 7 , 4 7 6 ) ( - 5 8 8 , 8 5 2 ) ( 2 2 5 , 0 0 0 ) ( - 1 0 0 , 1 5 3 ) ( 6 5 9 , 2 5 8 ) ( 1 , 1 7 8 , 5 8 2 ) ( 1,939,355)( 2,374,165)( To t a l o t h e r f i n a n c i n g so u r c e s ( u s e s ) 67 4 , 1 1 0 ) ( - 1 2 , 4 0 0 , 0 0 0 7 , 0 5 5 , 9 1 2 - 4 8 4 , 0 9 6 4 5 , 3 1 9 4 3 3 , 2 7 0 2,720,819 178,961 Pr i o r p e r i o d a d j u s t m e n t - - - - 3 2 , 8 2 8 - 6 0 , 0 0 0 - - - Co r r e c t i o n o f a n e r r o r - - ( 3 2 7 , 2 3 5 ) - - - - - - - NE T C H A N G E S I N F U N D B A L A N C E S 1, 5 1 5 , 1 8 4 $ 1 , 5 9 9 , 9 0 1 $ 1 0 , 0 5 0 , 1 3 2 $ 8 , 8 7 4 , 9 3 7 ) $( 2 , 8 5 1 , 5 6 0 ) $( 1 4 5 , 6 5 6 ) $( 2 , 7 8 6 , 6 3 5 $ 5 4 2 , 6 4 4 $ 3,607,428$ 2,995,465)$( DE B T S E R V I C E A S A P E R C E N T A G E OF N O N C A P I T A L EX P E N D I T U R E S -% - % 2 . 1 % 4 3 . 6 % 1 6 . 3 % 1 3 . 9 % 1 5 . 7 % 2 1 . 0 % 14.0% 15.5% No t e : E c o n o m i c D e v e l o p m e n t F u n d s w e r e c l a s s i f i e d a s s p e c i a l r e v e n u e f u n d s t h r o u g h F Y 2 0 0 2 a n d c o n s i d e r e d d i s c r e t e l y p r e s e n t e d c o m p o n e n t u n i t s t h r o u g h F Y 2 0 0 7 . U p o n fu r t h e r c o n s i d e r a t i o n , t h e 4 B E c o n o m i c D e v e l o p m e n t C o r p o r a t i o n a n d L o n e S t a r P u b l i c F a c i l i t y C o r p o r a t i o n f u n d s a r e n o w c l a s s i f i e d a s b l e n d e d c o m p o n e n t u n i t s . So u r c e : An n u a l F i n a n c i a l R e p o r t s (Concluded) 80 Table 5 NAICS Industry Type 2006200720082009 11Agriculture, Forestry, Fishing and Hunting 31$ 67$ 54$ 210$ 21Mining 2,321 - 1,012 20 22Utilities 463,222 212,336 194,359 185,819 23Construction 81,542 200,791 635,134 411,718 31-33Manufacturing 1,120,328 360,010 186,128 95,395 42Wholesale Trade 248,702 284,082 178,003 72,034 44-45Retail 408,556 253,293 493,309 445,839 48-49Transportation and Warehousing 63 491 - 2,784 51Information 538,210 223,672 246,591 355,603 52Financial and Insurance 10,162 343,446 120,187 64,994 53Real Estate and Rental and Leasing 178,047 204,398 102,515 123,191 54Professional, Scientific, and Technical Services 111,746 452,018 180,288 156,385 56Admin and Support and Waste Mgmt & Remediation Srv245,562 45,809 105,811 15,102 61Education Services 895 317 85 2,984 62Health Care and Social Assistance 10 - 109 - 71Arts, Entertainment and Recreation 49,474 224,101 177,446 175,517 72Accommodation and Food Services 34,021 57,084 65,779 54,416 81Other Services (except Public Administration)130,476 130,392 32,621 1,490 92Public Administration 170 - - - 3,623,538$ 2,992,308$ 2,719,431$ 2,163,501$ Town direct sales tax rate 2.00% 2.00% 2.00% 2.00% Note:Information on sales tax by NAICS was not available prior to 2006. Comparison will be made to the prior year until ten-year prior comparison can be made. Due to confidentiality issues, the names of the ten largest revenue payers are not available. The categories presented are intended to provide alternative information regarding the sources of the Town's sales tax revenue. Source:Texas State Comptroller reports Fiscal Year TOWN OF WESTLAKE, TEXAS TAXABLE SALES BY INDUSTRY TYPE LAST FOUR FISCAL YEARS (Unaudited) 81 Table 6 Percentage GeneralCertificatesof Actual FiscalObligationofTaxablePer YearBondsObligationTotalSalesCapita 2002-$ 12,400,000$ 12,400,000$ 21.00% 28942,907$ 2003- 18,810,000 18,810,000 15.77% 30362,079 2004 - 18,810,000 18,810,000 21.31% 32857,348 2005 - 18,810,000 18,810,000 18.91% 35552,986 2006 - 18,460,000 18,460,000 10.19% 69826,447 2007 7,365,000 11,755,000 19,120,000 13.05% 70327,198 2008 9,850,000 11,375,000 21,225,000 11.82% 78527,038 2009 9,735,000 10,975,000 20,710,000 11.30% 78526,382 Note:Details regarding the Town's outstanding debt can be found in the notes to the financial statements. There was no debt issued until fiscal year 2002. See Table 8 for population data. General Bonded Debt Outstanding TOWN OF WESTLAKE, TEXAS RATIOS OF GENERAL BONDED DEBT OUTSTANDING LAST EIGHT FISCAL YEARS 82 Table 7 Business-Type Activities GeneralCertificates TotalPercentage FiscalObligationofCapitalOtherOtherPrimaryof PersonalPer YearBondsObligationLeasesObligationsObligationsGovernmentIncomeCapita 2000-$ -$ -$ -$ 4,679,944$ 4,679,944$ 54%22,608$ 2001- - - - 6,145,944 6,145,944 55%24,102 2002- 12,400,000 - 373,230 6,113,904 18,887,134 146%65,353 2003- 18,810,000 - 287,417 6,100,577 25,197,994 180%83,162 2004- 18,810,000 - 303,943 6,027,387 25,141,330 161%76,650 2005- 18,810,000 - 285,662 5,980,921 25,076,583 144%70,638 2006- 18,460,000 - 266,329 5,878,381 24,604,710 70%35,250 20077,365,000 11,755,000 24,993 245,885 5,822,299 25,213,177 69%35,865 20089,850,000 11,375,000 16,662 240,927 5,763,022 27,245,611 65%34,708 20099,735,000 10,975,000 8,331 201,402 5,734,192 26,653,925 62%33,954 Note: See Table 8 for personal income and population data. Details regarding the Town's outstanding debt can be found in the notes to the financial statements. No debt was issued until fiscal year 2000. TOWN OF WESTLAKE, TEXAS (Unaudited) Governmental Activities RATIOS OF OUTSTANDING DEBT BY TYPE LAST TEN FISCAL YEARS 83 Table 8 Per CapitaTarrant County CalendarEstimatedPersonalPersonalUnemployment YearPopulationIncomeIncomeRate 20002078,743,059$ 42,237$ 3.6% 200125511,093,548 43,504 4.5% 200228912,949,868 44,809 6.1% 200330313,984,514 46,154 6.3% 200432815,592,502 47,538 5.6% 200535517,382,312 48,964 5.1% 200669835,202,364 50,433 5.0% 2007 703 36,518,166 51,946 4.5% 2008 785 42,001,086 53,505 5.2% 2009 785 43,261,118 55,110 7.7% Sources: Note:Due to the size of the Town, per capita personal income was not available except for information taken from the 2000 census. Estimates have been made based on a 3% annual increase in cost of living. Tarrant County Unemployment Rate information taken from Texas Workforce Commission. Population for 2000 is from the 2000 census. The Town took over the utilility billing in 2004 and estimated the population by using number of residential water accounts and assuming a 2.5 average household size. Fiscal Years 2001 through 2003 are estimated. TOWN OF WESTLAKE, TEXAS DEMOGRAPHIC AND ECONOMIC STATISTICS LAST TEN FISCAL YEARS (Unaudited) 84 Table 9 Percentage of Estimated Total Town EmployerEmployeesEmployment Fidelity Investments2,477 35.96% First American Real Estate Solutions2,000 29.03% Wells Fargo500 7.26% Chrysler Financial850 12.34% McKesson Corporation204 2.96% Marriott Solana Hotel131 1.90% Walco International150 2.18% Vaquero Club123 1.79% Levi Strauss83 1.20% Town of Westlake/Westlake Academy83 1.20% Solana Club50 0.73% Pfizer, Inc.50 0.73% Total6,651 97% Note: Information on the Principal Employers from 1999 is not available. Information will be accumulated over the next ten years until a ten-year prior comparison can be made. Source: Maguire Partner's tenant records and contact with employers of the Town TOWN OF WESTLAKE, TEXAS PRINCIPAL EMPLOYERS CURRENT FISCAL YEAR 2009 (Unaudited) 85 Table 10 Fu n c t i o n / P r o g r a m 2 0 0 0 2 0 0 1 2 0 0 2 2 0 0 3 2 0 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 Ge n e r a l g o v e r n m e n t T o w n m a n a g e r 1 . 0 0 1. 0 0 1. 0 0 1. 0 0 1. 0 0 1. 0 0 1. 0 0 1.00 1.00 1.00 A s s i s t a n t t o t o w n m a n a g e r - 1. 0 0 1. 0 0 1. 0 0 1. 0 0 1. 0 0 1. 0 0 1.00 1.00 1.00 A d m i n i s t r a t i v e - 0. 5 0 1. 5 0 1. 5 0 0. 5 0 0. 5 0 0. 5 0 - - 0.75 B u i l d i n g o f f i c i a l - - - - 1. 0 0 1. 0 0 1. 0 0 1.00 1.00 1.33 T o w n s e c r e t a r y 0. 5 0 1. 0 0 1. 0 0 1. 0 0 1. 0 0 1. 0 0 1. 0 0 1.00 1.00 1.00 Fa c i l i t i e s / gro u n d s m a i n t e n a n c e - - - - 0. 5 0 0. 5 0 0. 5 0 0.50 0.75 1.08 M u n i c i p a l - - 2. 0 0 2. 0 0 3. 5 0 3. 7 5 3. 7 5 4.00 4.00 4.25 F i n a n c e - - 1. 0 0 3. 0 0 3. 0 0 3. 0 0 3. 0 0 3.00 3.00 3.00 Pa y r o l l / h u m a n r e s o u r c e s - - - - - - - - 1.00 1.33 Pu b l i c s a f e t y ( E M S ) - - 1. 0 0 10 . 0 0 10 . 0 0 10 . 0 0 11 . 0 0 11 . 0 0 11.00 10.00 Cu l t u r e a n d r e c r e a t i o n - - - - 0. 5 0 0. 5 0 0. 5 0 0.50 0.75 0.75 Pu b l i c w o r k s - - - - 1. 0 0 1. 0 0 1. 0 0 1.00 1.50 1.50 Ma r k e t i n g a n d p u b l i c a f f a i r s - - - - 1. 0 0 1. 0 0 1. 0 0 - - - Ed u c a t i o n - - - - 2 0 . 5 0 29 . 0 0 34 . 6 0 38 . 1 0 43.20 48.20 T o t a l 1. 5 0 3. 5 0 8. 5 0 19 . 5 0 44 . 5 0 53 . 2 5 59 . 8 5 62 . 1 0 69.20 75.19 So u r c e : P r i o r T o w n b u d g e t s a n d A c a d e m y p e r s o n n e l r e c o r d s No t e : A f u l l t i m e m u n i c i p a l e m p l o y e e i s s c h e d u l e d t o w o r k 2 , 0 8 0 h o u r s p e r y e a r ( i n c l u d i n g v a c a t i o n a n d s i c k l e a v e ) . F u l l t i m e e q u i v a l e n t e m p l o y m e n t i s c a l c u l a t e d b y d i v i d i n g t o t a l l a b o r h o u r s b y 2 , 0 8 0 . A f u l l t i m e e d u c a t i o n e m p l o y e e i s s c h e d u l e d t o w o r k 1 , 1 2 2 h o u r s p e r y e a r . (U n a u d i t e d ) TO W N O F W E S T L A K E , T E X A S FU L L - T I M E E Q U I V A L E N T C I T Y G O V E R N M E N T E M P L O Y E E S BY F U N C T I O N / P R O G R A M LA S T T E N F I S C A L Y E A R S 86 Table 11 Fu n c t i o n / P r o g r a m 2 0 0 0 2 0 0 1 2 0 0 2 2 0 0 3 2 0 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 Ge n e r a l g o v e r n m e n t Bu i l d i n g p e r m i t s i s s u e d N/ A 1 3 19 27 54 53 36 646049 Bu i l d i n g p e r m i t v a l u e s N/ A 8 , 6 8 4 , 0 0 0 $ 1 2 , 4 9 5 , 0 2 0 $ 2 3 , 6 2 0 , 8 1 7 $ 4 6 , 6 9 8 , 9 3 5 $ 5 6 , 4 1 5 , 0 9 3 $ 4 2 , 9 1 0 , 7 8 0 $ 4 6 , 9 2 3 , 8 1 4 $ 1 8 0 , 7 0 7 , 1 5 9 $39,278,318$ Po l i c e ( C o n t r a c t w i t h K e l l e r P D ) Mo t o r v e h i c l e s t o p s 3, 9 6 8 3 , 9 6 8 3 , 9 6 8 9 , 9 9 3 9 , 2 3 7 9 , 5 8 6 8 , 9 9 2 1 0 , 0 4 5 1 0 , 3 5 7 9 , 2 4 7 Tr a f f i c a c c i d e n t i n v e s t i g a t i o n s 86 86 86 91 18 0 16 3 16 4 225208266 Pa r t I c r i m e s 16 16 16 46 19 26 30 252623 DW I a r r e s t s 55 55 55 11 7 70 86 56 534524 Fi r e / E M S Fi r e r u n s N/ A N / A N / A 1 0 8 78 14 8 13 6 153169118 Am b u l a n c e r u n s N/ A N / A N / A 1 5 0 11 5 13 5 20 7 251159184 In s p e c t i o n s N/ A N / A N / A N / A N / A 89 16 1 9613215 Pu b l i c W o r k s - G e n e r a l St r e e t r e s u r f a c i n g ( s q . f o o t a g e ) - - - 1. 6 5 1. 3 0 - 1. 3 5 1.01 - - Po t h o l e s r e p a i r e d - - - - 40 40 20 02010 Pu b l i c W o r k s - U t i l i t y Nu m b e r o f w a t e r c o n s u m e r s N/ A 6 7 10 2 13 0 17 7 27 1 33 8 386419437 Wa t e r m a i n b r e a k s N/ A N / A N / A N / A 13 3 2 4 5 Av g d a i l y c o n s u m p t i o n M G ( w a t e r ) 0. 0 5 4 0. 2 6 9 0. 4 0 4 0. 3 8 2 0. 5 0 1 0. 8 1 7 1. 0 3 1 0.729 0.999 1 Pe a k d a i l y c o n s u m p t i o n M G ( w a t e r ) N/ A 2 . 2 0 3 1. 8 2 0 1. 2 4 4 1. 4 2 3 2. 1 9 8 2. 6 7 7 1.978 2.060 3 Sy s t e m c a p a c i t y - M G ( w a t e r ) 0. 6 8 5 0. 6 8 5 0. 6 8 5 0. 6 8 5 1. 6 8 5 1. 6 8 5 1. 6 8 5 1.685 1.685 2 Wa t e r p u r c h a s e d ( i n g a l l o n s x 0 0 0 ) 19 , 5 5 4 9 8 , 2 2 9 1 4 7 , 4 2 3 13 8 , 2 8 8 18 3 , 3 5 6 29 8 , 1 2 4 37 6 , 2 6 4 26 6 , 1 5 8 364,764 372,933 Wa t e r s o l d ( i n g a l l o n s x 1 0 0 0 ) N/ A N / A 1 5 4 , 7 0 2 12 7 , 9 9 8 15 0 , 8 6 9 23 0 , 6 5 7 33 8 , 0 8 5 24 6 , 2 8 0 340,743 313,495 Wa s t e w a t e r Nu m b e r o f n e w s e w e r c o n n e c t i o n s N/ A 40 75 10 5 13 9 17 9 21 1 235240251 Av g d a i l y s e w a g e t r e a t m e n t 0. 0 3 0 2 0 . 0 4 9 0 0 . 0 6 3 0 0. 0 6 1 0 0. 0 7 1 0 0. 0 9 5 0 0. 1 2 7 0 0.1320 0.1370 0.124 ( t h o u s a n d s o f g a l l o n s ) So u r c e : V a r i o u s T o w n d e p a r t m e n t s No t e s : N / A r e p r e s e n t s i n f o r m a t i o n t h a t i s u n a v a i l a b l e F i r s t y e a r f o r t h e w a t e r / s e w e r s y s t e m w a s f i s c a l y e a r 2 0 0 0 (U n a u d i t e d ) TO W N O F W E S T L A K E , T E X A S OP E R A T I N G I N D I C A T O R S BY F U N C T I O N / P R O G R A M LA S T T E N F I S C A L Y E A R S 87 Table 12 Fu n c t i o n / P r o g r a m 20 0 0 2 0 0 1 2 0 0 2 2 0 0 3 2 0 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 Fi r e St a t i o n s - - - 1 1 1 1 1 1 1 Pu b l i c W o r k s - U t i l i t y Pu m p s t a t i o n 1 1 1 1 1 1 1 1 1 1 Li f t s t a t i o n - - 2 2 2 2 2 2 2 2 Te l e c o m m u n i c a t i o n s D u c t B a n k (LF ) - - 2 1 , 5 7 3 24 , 0 7 3 36 , 7 0 3 38 , 3 0 3 38 , 3 0 3 38,303 43,703 49,103 Te l e c o m m u n i c a t i o n s D u c t B a n k M a n h o l e s - - 53 58 91 95 95 95 104 113 Wa t e r Wa t e r m a i n s (LF ) 13 , 0 0 0 24 , 0 0 0 34 , 0 0 0 48 , 0 0 0 52 , 0 0 0 57 , 5 0 0 58 , 3 0 0 59,200 64,600 70,000 Fi r e h ydr a n t s 5 10 24 55 76 95 11 9 119 130 130 St o r a ge c a pac i t y M G 0 . 6 8 5 0. 6 8 5 0. 6 8 5 0. 6 8 5 1. 6 8 5 1. 6 8 5 1. 6 8 4 1.685 1,6851.685 Wa s t e w a t e r Sa n i t a r y s e w e r s (LF ) 1, 5 0 0 8, 7 0 0 15 , 3 0 0 18 , 1 0 0 20 , 0 0 0 15 , 0 0 0 35 , 0 0 0 35,000 39,300 39,300 Ma n h o l e s 10 20 50 11 5 16 0 20 0 25 0 250 267 284 Pu b l i c W o r k s - U t i l i t y St r e e t s (mi l e s ) 10 . 5 0 1 0 . 5 0 1 0 . 8 0 1 0 . 8 0 1 0 . 8 0 1 0 . 8 0 1 0 . 8 0 1 0 . 8 0 1 0 . 8 0 1 0 . 8 0 Hi ghw a ys (mi l e s ) - - - - - - - - - - St r e e t l i ght s - - - - - - - - - - Tr a f f i c s i gna l s (sc h o o l z o n e f l a s h e r s ) - - - 2 2 2 2 2 2 2 Pa r k s a n d r e c r e a t i o n Ac r e a ge 13 . 5 1 3 . 5 1 3 . 5 1 3 . 5 1 3 . 5 1 3 . 5 1 8 . 5 1 8 . 5 2 5 . 0 2 5 . 0 Pl a yg ro u n d s - - 22 2 2 2 2 2 2 So f t b a l l / s o c c e r f i e l d - - 1 1 1 1 1 1 1 1 Fo o t b a l l f i e l d - - - - - - - - 11 So u r c e : V a r i o u s T o w n d e p a r t m e n t s Not e : N o c a p i t a l a s s e t i n d i c a t o r s a r e a v a i l a b l e f o r t h e g e n e r a l g o v e r n m e n t . (U n a u d i t e d ) TO W N O F W E S T L A K E , T E X A S CA P I T A L A S S E T S T A T I S T I C S BY F U N C T I O N / P R O G R A M LA S T T E N F I S C A L Y E A R S 88 COMPLIANCE SECTION REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Town Council Town of Westlake, Texas 3 Village Circle, Suite 202 Westlake, Texas 76262 Members of the Council: We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the Town of Westlake, Texas, (the “Town”) as of and for the year ended September 30, 2009, which collectively comprise the Town’s basic financial statements and have issued our report thereon dated March 10, 2010. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Town’s internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Town’s internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Town’s internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the Town’s ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the Town’s financial statements that is more than inconsequential will not be prevented or detected by the Town’s internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the Town’s internal control. 89 115 SOUTH CHURCH STREET g HILLSBORO, TX 76645 g (254) 582-2583 g FAX: (254) 582-5731 g www.pbhcpa.com AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544-7778 g TEMPLE, TX (254) 791-3460 g WACO, TX (254) 772-4901 WHITNEY, TX (254) 694-4600g ALBUQUERQUE, NM (505) 266-5904 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager / CEO of Westlake Academy Amanda DeGan, Municipal Court Director / Special Projects Coordinator Subject: Regular meeting of March 22, 2010 Date: March 08, 2010 ITEM Consideration of an Ordinance amending the Code of Ordinances, Chapter 30, Courts, Sec. 30-37, Driving Safety fees. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas:  We are Leaders o High Quality Services Delivery Coupled with Financial Stewardship The ordinance which established the Westlake Municipal Court provides for the assessment of a driver safety fee at a static amount of $10.00. This administrative fee is collected when a person makes a request to take a defensive driving class for the dismissal of a moving violation. T he Court staff collects the taxes associated with the offense along with the $10 administrative fee. The fee is retained by the Town. BACKGROUND Recently, the state taxes were raised on Class C Misdemeanors, which in our case totaled an increase of ten cents (.10). Staff is recommending that the ordinance be amended to reflect an administrative fee for defensive driving of $9.90. This would allow the Staff to eliminate the collection of the additional .10 , which if pursued, would require the reprinting of the information sheets and citation books. The amount we would expend in reprinting the documents would far outweigh the approximately $5 0.00 we would expect to receive from collecting the current amount. FUNDING Not applicable. RECOMMENDATIONS Approve the amendment to Ordinance No. 401. ATTACHMENTS: Ordinance No. 10 - _______ 6. CONSIDERATION OF ORDINANCE 635 AMENDING THE CODE OF ORDINANCE CHAPTER 30, COURTS, SEC. 30-37, DRIVING SAFETY FEES. Town of Westlake Item # 6 – Back up material has not been provided for this item. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. None Town of Westlake Item #7 - Future Agenda Items COUNCIL CALENDAR - TML Region 8 Meeting March 25, 2010 Town of Trophy Club - 6:00 pm - Town Council Meeting April 19, 2010 - Bandana Bonanza May 1, 2010 - Election Day May 8, 2010 - New Council orientation May 12, 2010- - After election strategic planning retreat to preview the municipal budget (early input), Town financial forecast, and discuss progress and updates to the strategic plan May 24, 2010- - Presentation of FY 10-11 proposed municipal budget in retreat (note: this is a Friday and would be from 9:00am-1:00pm) Aug. 13, 2010 - Westlake Academy Graduation May 23, 2010 - Decoration Day May 31, 2010 - Council adoption of FY 10-11 municipal budget Sept. 27, 2010 Town of Westlake Item # 8 – Council Calendar EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item # 9 – Executive Session Town of Westlake Item # 10 – Reconvene Meeting EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.074(a)(1) PERSONNEL MATTERS - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item # 11 – Take any Necessary Action, if necessary Town of Westlake Item # 12 – Adjournment Back up material has not been provided for this item.